Salary cut for protected employees
An employer may reduce the salary of an employee who works reduced hours instead of taking childrearing leave, the Polish Supreme Court ruled in the judgment dated 12 May 2011 (Case No. II PK 6/11).
Notary need not check a document before confirming the signature
When confirming the signature on a document, a Polish notary is not required to review the lawfulness of the document itself—particularly in the case of documents from abroad or in a foreign language.
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…
Perpetual usufruct and public reliance on land and mortgage registers
The warranty of public reliance on land and mortgage registers protects an acquirer of perpetual usufruct in the event of defective entry in the land and mortgage register of the State Treasury or territorial governmental unit as the owner of real estate.
Magnesium and vitamin B6 may be good for stress, but not for everyone
Common and generic names of an informational nature may become distinctive when specific elements of the names are combined in a unique way, which means that they can become the dominant element of a trademark.
Must a notary know foreign languages?
A notary who certifies the signature on a document need not review whether the content of the document is lawful—and thus may certify a signature on a document written in a language the notary does not know.
Competition authority's rules for calculating fines not binding courts
When ruling on the amount of a fine, courts should be guided by the principle of proportionality, meaning that the fine should be tied to the revenue generated on sales of products affected by unlawful practices by the seller…
"Collection of items and rights" subject to a registered pledge should be interpreted in light of the economic purpose
The Polish Supreme Court upheld a cassation appeal presented by Wardyński & Partners and held that when evaluating whether a changing collection of assets may be subject to a registered pledge…
Polish Supreme Court allows management board members to sign the same contract at different times
Zdaniem Sądu Najwyższego w pełni dopuszczalne jest złożenie przez członków zarządu takich samych oświadczeń co do istotnych postanowień umowy w różnym czasie.
Resolution of supervisory board of joint-stock company may be challenged
There is no regulation in Polish law directly governing challenges to resolutions of the management board or supervisory board of a capital company. Thus there have long been doubts whether there is any way to set aside these resolutions.
How long is a bank liable for the act of an employee?
If bank staff commit an offence to the detriment of a bank customer, the bank is liable for failure to supervise the employee.
Beware: not every infringement of a renowned brand is actionable
The court may refuse to find unfair competition even if the grounds are met, if the facts in the case show that the holder of a renowned trademark did not take action against infringements for an extended time.
