If contractors aren’t sure, are they required to speak up?
Under some circumstances, questioning the terms of reference in a tender may be treated not only as a right but as an obligation of a professional contractor.
Can a foreign company be summoned to attempt settlement negotiations in Poland?
Sometimes when the same case is presented to different courts, the courts take mutually exclusive positions. This was what happened in the case of an Italian company summoned to attempt settlement negotiations in Poland.
Refund of bid bond may be sought before civil court
The Supreme Court has ruled that cases seeking refund of a bid bond lie within the jurisdiction of the civil courts, finally resolving doubts surrounding the legal recourse a contractor should follow to reclaim a deposit retained by the contracting authority.
Principles of social coexistence = good practices
According to the Supreme Court, a shareholders’ resolution inconsistent with principles of social coexistence violates good practices under Art. 249 §1 of the Commercial Companies Code.
Supreme Court hands down three rulings on construction of wind farms on non-owned land
In three recent cases, the Supreme Court of Poland has addressed issues surrounding construction of wind farms on land owned by another party.
Not all bank guarantees are created equal
Although the bank guarantee is a commonly used form for securing claims, it is one of the most controversial institutions in Polish law. In a dispute, it is essential to analyse thoroughly the documents establishing the bank guarantee.
How the size of a workplace union affects its entitlements
It is not enough for a union to have the required number of members at a workplace. It must also notify the employer of the number of members within a period provided by law. What if it fails to do so?
Who can sign the statement of claim in a class action suit?
Only an adwokat or legal adviser may sign the statement of claim in a class action suit, the Supreme Court of Poland has held in a resolution clarifying the Class Actions Act. A statement of claims signed by anyone else will be rejected by the court.
Sale of real estate under threat of execution
A debtor can be guilty of hindering enforcement of a court order even when the order does not exist yet.
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.
Company not criminally liable for an offence by the management board
A collective entity may not be held responsible for a crime committed by the members of its managerial authorities.
Direct payments to farmers are not "grants" but attempting to obtain them improperly may be punishable as fraud
The Polish Supreme Court has held that payments under the EU’s Common Agricultural Policy are a form of financial support, and an attempt to obtain the payments under false pretences is a form of “capital fraud” under the Polish Penal Code.