| In Principle

When a creditor enforces its registered pledge by taking title to pledged shares, it’s just the start. To effectively take control of the company and satisfy its claim by selling the shares or assets, the creditor must take a series of legal and factual steps. It’s not always easy.

Generally, dispute resolution is entrusted to state courts, but the parties can renounce this jurisdiction in favour of arbitration. Typically, the parties elect arbitration in an arbitration clause included in their original contract, signed well before any dispute arises. In other cases, after a dispute arises, the parties may agree to seek arbitration by signing a post-dispute referral to arbitration.

Each year, nearly a million used vehicles are exported from Europe, often in very poor condition. They mainly end up in Africa, where they pollute the environment and pose a risk to humans. At the same time, around 3.5 million vehicles a year disappear without a trace from European roads, presumably ending up illegally exported and dismantled. But they could be a source of spare parts and critical raw materials in Europe.

No more rigid catalogue of sanctions for VAT offences. The tax authorities will be able to reduce the amount of sanctions taking into account the circumstances of the irregularities. But taxpayers who knowingly commit tax fraud will be hit with a sanction of 100% of the underpaid tax or excess input tax claimed.

In a recent case, we managed to break through the paradigm of automatic loss of Polish citizenship if foreign citizenship is acquired. The case involved a citizen of Argentina (the grandson of Polish immigrants) who was denied confirmation of Polish citizenship by the Minister of Interior and Administration. The authority found that although the client’s mother was the holder of Polish citizenship via her father, she lost it when she turned 18 because at that time she also held Argentinian citizenship, acquired at birth.

New rules for interim relief in intellectual property cases in Poland entered into force on 1 July 2023. The changes are designed to address practical problems of businesses and eliminate earlier abuses of interim relief. But the amendment raises doubts and seems to heighten the procedural formalism.

The Council of Ministers has adopted an amendment to the Programme for Supporting Investments of Strategic Importance to the Polish Economy for 2011–2030, under Resolution 91/2023 of 5 June 2023. The changes will be in effect until the end of the support period (2025).

Starting 12 July 2023, the European Commission can initiate investigations into financial support granted to undertakings by countries outside the European Union, pursuant to the Foreign Subsidies Regulation (FSR). The purpose of the regulation is to combat distortions in the EU single market caused by foreign subsidies, while keeping the EU open to trade and investment.

An ability to predict is probably one of the oldest human desires. Many people make predictions, but few are right. And if they are, they can rarely explain why they are right. If a prediction proves right, it is usually by coincidence. What does work is diligent observation of the surroundings, taking into account all relevant dimensions, and an ability to spot symptoms of a new reality on the “event horizon” before others.

In this episode, Magdalena Świtajska explains how foreign firms may directly employ workers in Poland.

In this episode Agnieszka Godusławska and dr Joanna Prokurat, explain on what legal grounds Polish companies can employ board members.

It is worthwhile for creditors to take part in litigation even if the outcome could go against them. This way, they can help prevent the court from issuing rulings sought by colluding debtors and their allies.