New rules for presenting evidence
Civil cases filed in Poland from 3 May 2012 will be governed by new civil procedure rules. What should the parties and other stakeholders pay particular attention to when deciding how to proceed in a case filed after the effective date of the new rules?
What's up now with commercial cases?
A fundamental change that went into effect on 3 May 2012 was elimination of separate procedures in commercial cases. Does this mean that there are no more commercial courts in Poland, and no procedural differences from “ordinary” civil litigation?
Compliance of the French procédure de sauvegarde with Polish public policy
The Supreme Court of Poland held that recognition of French procédure de sauvegarde in Poland – one of the proceedings to which Regulation No. 1346/2000 applies – leads to a result that is consistent with Polish public policy.
Settlement of a decade-long dispute over fibre optics
Lawyers from Wardyński & Partners advised Danish-Polish Telecommunications Group I/S in proceedings to enforce claims of EUR 550 million against Telekomunikacja Polska SA.
Public access to judicial rulings
Na podstawie ustawy o dostępie do informacji publicznej można uzyskać zanonimizowane orzeczenia sądowe wraz z uzasadnieniami, nawet jeśli nie jesteśmy stroną w danej sprawie.
May counterfeit and pirated goods in transit through the EU be seized and destroyed?
The European Court of Justice has clarified its holdings on the issue of transit of infringing goods through EU territory.
Farewell to separate procedure in commercial cases
When amendments to the Civil Procedure Code enter into force, B2B litigation will be conducted under the same rules as other civil cases.
Ombudsman unhappy about improper service of court papers
The citizens’ advocate in Poland has again raised the issue of the legal effects of improper service of judicial documents.
eBay on the blacklist
On 12 July 2011 the European Court of Justice issued a judgment concerning the use of trademarks on internet auction sites (L’Oréal SA v eBay International GmbH, Case C-324/09).
An end to evidentiary privilege for funds in relations with consumers
Fund statements no longer have the status of an official document in the event of a dispute with a client.
Citizen standing to object to trademark registration
The Polish Supreme Administrative Court has confirmed that a person objecting to a decision to register a trademark under Art. 246 of the Industrial Property Law need not demonstrate a legal or factual interest in the matter.
Damages for unlawful nationalisation may be sought through the courts
The Polish Supreme Court has upheld the possibility of seeking damages through the courts for nationalised property…