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?
Air carriers' liability for flight delays under the latest rulings from the ECJ and US courts
A right to compensation may be deduced from Regulation 261/2004 not only for cancellation of a flight, but also for a delay of 3 hours or more. Passengers eagerly exploit this right, but the court decisions continue to raise new controversies.
When is it sufficient to state the amount in dispute in euro?
The European Court of Justice has ruled that the requirement to specify the amount in dispute in Polish currency does not apply to the European order for payment procedure.
No two faces are quite the same
An industrial design, which protects the external appearance of a product, may not be the same as a trademark, which designates the origin of goods. Thus there may be a conflict between the registration rights to a design and a trademark.
Not every contamination is environmental harm
The touchstone for determining liability for contamination of the earth or soil is the Act on Preventing and Remediating Harm to the Environment. But not every contamination will result in liability under the act.
Ecological NGOs are capable of more and should do more
Imposing remedial measures requires a finding of environmental harm, including determination of a reference point for assessment of the damage. If an ecological NGO claims environmental harm, it must be properly documented.
Investors may review expert reports on the effect of electrical connections
The Court of Competition and Consumer Protection has broken the power companies’ monopoly on information about the condition of the power grid in proceedings seeking a connection to the grid.
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.
German court could decide on access to antitrust leniency files by injured party
The European Court of Justice has held that it is up to the national courts to determine whether and how to provide access to files generated under leniency programmes by injured parties seeking damages for violation of competition law.
The existence of a directors and officers liability policy is not sufficient to assert a direct action against the insurance com
The Warsaw Court of Appeal has held that an insurance company may be liable for a loss caused by an insured as a member of a corporate management board only upon compliance with certain formal conditions.
