Anna Olejniczak-Michalska
News from Poland—Business & Law, Episode 20: Property regimes for international couples living in Poland
This time Anna Olejniczak-Michalska from the firm’s Private Client practice discusses the topic of property regimes for international couples living in Poland.
News from Poland—Business & Law, Episode 18: Economic sanctions against Russia
The latest episode of News from Poland is devoted to implementation by Polish companies of sanctions imposed on Russia for its attack on Ukraine. This topic is discussed by Anna Olejniczak-Michalska from the firm’s Private Client practice and Łukasz Lasek from the firm’s Dispute Resolution & Arbitration practice.
US secondary sanctions: The Court of Justice interprets the EU Blocking Statute
On 21 December 2021, the Court of Justice of the European Union issued a long-awaited judgment on the interpretation of the EU Blocking Statute in C-124/20, Bank Melli. Although the ruling does not dispel all doubts, it does set the direction for interpretation and shows that even imperfect regulations must be applied.
Recast regulation on export control of dual-use items: What will change?
The Recast Dual-Use Regulation entered into force on 9 September 2021, replacing the regulation from 2009, governing controls of items with both civil and military purposes. What key changes does the new regulation introduce?
Export of dual-use goods—what you should keep in mind
Compliance with export control regulations poses a growing challenge for participants in international trade in goods and providers of cross-border services. The size of the enterprise is irrelevant. Multinational corporations are subject to the same restrictions and consequences for infringement as small businesses or individuals. Every participant in trade must determine whether a planned export of goods, technologies or services requires a permit or completion of other formalities to avoid exposure to financial losses or criminal liability.
Export control of automated and autonomous vehicle technologies
Autonomous vehicles will be an essential part of the mobility of the future. Cars can already relieve the driver in many situations, and the R&D sector for autonomous vehicles is booming. Companies are investing in sensor and machine-learning technology, creating pilot programmes to test self-driving vehicles at levels 4 and 5 of automation. But the export of some of these technologies may be restricted due to potential military applications.
Inheritance of data
A natural extension of the consideration of the legal status of data is the question of whether data can be inherited. This is no longer just a theoretical issue. Data are increasingly valuable, making it vital to answer the question of whether data constitute an asset of the decedent’s estate that can be taken over by the heirs.
The EU global sanctions regime: How human rights affect supply chains
On 7 December 2020, the Council of the European Union adopted a decision and a regulation establishing a global sanctions regime for human rights violations. On this basis, the EU will be able to impose sanctions on persons, entities and bodies involved in or responsible for serious human rights violations and abuses worldwide—no matter where in the world such actions take place. As soon as possible, EU undertakings active on the global market should adapt their internal compliance systems and reflect human rights issues in designing their supply chains.
Habitual residence in the context of an application for return of a child abroad
Every case brought under the Hague Convention on the Civil Aspects of International Child Abduction requires establishment of the child’s habitual residence. Therefore, the concept of habitual residence is central to the operation of the convention itself. Nevertheless, this term is not defined in the convention, nor in the Brussels II bis Regulation applicable to relations between EU member states.
Brexit and restrictions on trading in dual-use items
The UK ceased to be a member state of the EU on 31 January 2020, and EU law will cease to apply to the UK when the transition period expires on 31 December 2020. This means that from 1 January 2021, the Dual-Use Regulation will not apply to the UK.
Brexit and family law
On 31 January 2020, the UK ceased to be a member state of the EU, and since then has not participated in EU decision-making processes or the work of EU institutions. The transition period provided for in the Brexit withdrawal agreement ends on 31 December 2020. Until then, all EU rules (with some exceptions not related to family law) still apply to the UK, as they do to EU member states. But how will divorce, maintenance, child and parental authority issues look from the start of 2021?
Applicable law for marital property: How to make a choice of law, and what if no choice is made?
What law governs the marital property of a Polish wife and British husband who were married in the UK and then moved to Poland? What law governs the marital property of a Polish/French couple residing in Spain but holding real estate in Poland and France? Will a choice of law by a Polish/Swedish married couple to govern their marital property be recognised by an English court? These and other questions are answered by conflict-of-law regulations, knowledge of which is the point of departure for analysis of property relations between spouses.
