Next phase in limitation and extinguishment of reprivatisation claims to Warsaw properties
Amended regulations governing claims by former owners under the Warsaw Decree entered into force on 20 October 2020. Consequently, the only form of reprivatisation in Warsaw admissible in practice will be damages pursued through complicated, time-consuming and costly judicial proceedings, while a large portion of claims will be extinguished without compensation.
A new approach to construction design
The recent amendment to the Construction Law introduces a new element of the construction design: the technical design, which will not be enclosed with the application for a building permit. This will speed up the initial stage of the project.
Narrower set of parties in cases seeking a building permit
A relatively small change in the definition of the impact area of a project in the amendment to the Construction Law which entered into force since 19 September 2020 has resulted in a significant change in the rules for determining the set of parties in cases seeking a building permit.
Transfer of a building permit without the consent of the prior investor
Since 19 September 2020, acquirers of real estate have been able to transfer a building permit to themselves without the consent of the prior investor. Does this change facilitate implementation of development projects by property buyers?
New rules for legalisation of unlawful construction
The amendment to the Construction Law has made life easier for some owners of unlawful structures. Those whose structures were built over 20 years ago can rest easy. So long as their structure is in proper technical condition, they are not threatened with a high legalisation fee or a demolition order. The regulations governing other unpermitted structures have also been simplified and consolidated.
No more legalisation of unlawful construction with a variance from technical construction regulations
Under the amended Construction Law in force from 19 September 2020, in a proceeding seeking legalisation of unlawful construction it will no longer be possible to seek consent to a variance from technical construction regulations, due to the express wording of the new Art. 9(5) of the Construction Law. Investors who had planned to legalise an unpermitted construction while obtaining a variance from technical regulations will not obtain such approval. The same applies to investors who filed a request before 19 September 2020 and were awaiting the minister’s position on the variance.
IP courts: How to ensure that we aren’t infringing someone else’s exclusive rights?
In the fifth part of our series, we focus on the provision allowing interested parties to verify whether actions they have planned or undertaken infringe the exclusive rights of others. A claim seeking a declaration of non-infringement is an example of a preventive measure heading off filing of an infringement action by the holder of IP rights. This measure allows litigants to obtain judicial confirmation of the legality of their own actions in terms of respect for the intellectual property rights of competitors.
Extension of deadlines to perform transfer pricing obligations
“Shield 4.0” extends the deadlines for all obligated entities to file transfer pricing information (TPR), declarations on preparation of local transfer pricing documentation, and enclosures of group transfer pricing documentation. The earlier regulations extended the deadlines only for selected taxpayers.
Simplified restructuring procedure: A new tool for businesses in crisis
On 24 June 2020, a new restructuring procedure entered into force, enabling businesses to carry out debt relief smoothly without undue judicial interference. Potential risks and doubts may arise on the part of creditors on how to counteract the negative effects of opening these proceedings. Simplified restructuring is a hybrid of solutions provided for in other restructuring procedures, allowing the debtor to enter into an arrangement with creditors while ensuring extensive protection against enforcement and termination of key contracts.
Construction in the time of coronavirus
The Special Coronavirus Act excludes the application of the Construction Law to matters related to the coronavirus pandemic. What are the benefits and risks of this exclusion?
Epidemic threat and quarantine obligation
On 13 March 2020, an executive regulation of the Minister of Health on the declaration of an epidemiological threat in the Republic of Poland entered into force. It indicates that in the period from 14 March 2020 until further notice a state of an epidemiological threat is declared in the Republic of Poland due to infections from the SARS-CoV-2 virus. The result is, inter alia, suspension of international air and rail connections and a ban on foreigners entering the Republic of Poland. In turn, each person crossing the state border to return to its place of residence or stay in the Republic of Poland must submit to a mandatory 14-day quarantine. Its basis differs from general rules in this respect.
Coronavirus: How to challenge compulsory treatment?
Faced by the spreading SARS-CoV-2 epidemic, the Polish Parliament and President rushed through a Special Coronavirus Act. The act is intended to clarify and supplement regulations on prevention of the spread of infectious diseases in Poland. But by giving total primacy to protection of the public interest, the act ignores the issue of the rights and freedoms of persons subjected to various forms of compulsory treatment (hospitalisation, quarantine, and epidemiological supervision). Do individuals have any means of legal protection in this context?
