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Relying on third-party capacity to make the shortlist
Based on a recent judgment of the Court of Justice of the European Union, the provisions of the Polish Public Procurement Law permitting reliance on third-party capacity to demonstrate fulfilment of selection criteria are consistent with EU law.
Reprivatisation without myths
The issue of reprivatisation is currently being presented through the prism of numerous controversial aspects of restitution processes. This distorts the picture of reprivatisation, which in any event is a limited phenomenon in Poland.
How to escape the financial problems of the RES market: Attempted diagnosis, part 1
We decided to examine the fate of the support system for renewable energy sources in Poland in recent years and the impact now felt by market participants. Understanding what has actually happened can enable all parties to find the best exit from the current difficult situation.
Closer and closer to a new Act on Concessions for Construction Works and Services
Work on Poland’s new Act on Concessions for Constructions Works and Services is near the end. The act is supposed to enter into force before the end of this year.
Will trade secrets be less protected next year?
The amendment to environmental impact assessment regulations entering into force at the beginning of 2017 will also change regulations governing access to environmental information constituting trade secrets.
Is Polish law ready for FinTech?
Financial technologies need specific legal solutions and an open approach to the law.
The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer
To charge an employer with paying social insurance contributions on the income of its employees earned under non-employment contracts with a third party, it is not enough to determine that the effects of the work benefit the employer’s overall corporate group.
Is the shareholders’ wish the management board’s command?
A few remarks on the limits of the management board’s decision-making autonomy from the shareholders
More appeals and greater judicial oversight over decisions by contracting authorities
The amendment of the Public Procurement Law which entered into force on 28 July 2016 opens up broader possibilities for protecting the interests of contractors in appellate proceedings before the National Appeal Chamber (KIO).
GAAR and tax treaties
Regulations reintroducing a general anti-abuse rule into the Polish tax system—after an absence of over a decade—enter into force on 15 July 2016. The impact will be felt not only by Polish residents, but also by foreign entities planning to do business in Poland.
