| In Principle

Joanna Werner, attorney-at-law in the Banking & Project Finance practice at Wardyński & Partners, focuses on the forthcoming landmark changes to the Polish and European regulatory environment surrounding crypto assets and their impact on how companies in this innovative area do business in Poland and the EU.

The judgment of the Supreme Administrative Court of 8 September 2022 has broken a relatively uniform line of decisions banning online alcohol sales.

A request for a payment guarantee may appear on an investor’s desk suddenly, causing numerous complications. Sometimes, contractors make such a demand to have an excuse to withdraw from the contract. Then a race against the clock begins, not to give them that excuse. But in advance, the investor can also arrange a commercial solution to the problem, i.e. a bank guarantee facility in the loan agreement.

It has been a month since the president of the Office of Competition and Consumer Protection published the Recommendations on social media advertising labelling. Now the regulator is back with a collection of FAQs from users concerning the recommendations.
It has been a month since the president of the Office of Competition and Consumer Protection published the Recommendations on social media advertising labelling. Now the regulator is back with a collection of FAQs from users concerning the recommendations.

Under a proposed amendment to Poland’s Rail Transport Act, it will be easier to obtain siting decisions for rail projects and expand logistics centres and railroad sidings on rail land, and train travel should be safer.

On 21 October 2022, a draft act to amend the Energy Law and certain other acts was published on the website of the Government Legislation Centre, implementing the Polish Hydrogen Strategy. The proposal aims to create a stable regulatory environment for the hydrogen market in Poland.

On 2 September 2022, the Polish Ministry of Justice published a draft of far-reaching changes to the liability of collective entities, which would eliminate the requirement to obtain a predicate ruling for all criminal and fiscal offences for which collective entities could be held criminally liable. We discuss these changes in an updated version of our guide to corporate criminal liability in Poland.

The war in Ukraine is affecting the insurance sector. If a judicial or arbitration dispute arises, the parties will need to interpret the insurer’s exclusion of liability “in the event of war.”

 

One of the participants in the construction process carried out under FIDIC contract terms is the engineer, acting as the contract administrator. The engineer’s task is to take the necessary steps to ensure that the contract is performed correctly and on time. Among other things, the engineer can issue a determination on how to handle a matter. When can the engineer do this?

It’s hard to explain to someone who has never been accused of a crime that they cannot use their own money, and this situation could last for months. Nonetheless, an institution exerting this effect functions under Polish law and can impact both individuals and companies.

Filip Rak, adwokat, associate in the Business Crime practice and Litigation practice at Wardyński & Partners, focuses on implementing diversity and inclusion policies in companies.

The act amending the Commercial Companies Code which will come into force on 13 October 2022 not only establishes rules for the operation of formalised corporate groups, but also modifies some rules for the functioning of corporate bodies of companies, including supervisory boards. The question is whether the change will have a positive impact on the work of supervisory bodies.