| In Principle

On the residential construction market in Poland, currently dominated by real estate developers, housing cooperatives can begin building starting 1 March 2023, when the new Housing Cooperatives Act enters into force, introducing a framework for their activities and providing incentives for such grassroots construction initiatives.

Cooperation between the parties is essential to implement many contracts. This is particularly so in the case of a construction contract or a contract to produce a specific work, where the purpose of the contract is achieved over the course of a fairly complex process and comprises many elements. The Polish parliament has recognised this strong dependence and has provided a far-reaching solution applicable when the necessary cooperation is lacking. Such a situation may even lead to rescission of the contract.

The introduction of an electronic construction daily log is the next step in the digitalisation of the construction process.

In the second part of the program News from Poland—Business & Law in which Konrad Grotowski and Jakub Barański continue to dicuss about taking the testimony of a foreigner (especially a member of a company’s management board) in a Polish civil court as a party to the proceedings.

In the face of the climate crisis, the interest in sustainability issues is growing. This increasingly brings the issue of greenwashing to the fore. “Greenwashing” refers to creation of a false impression among the public regarding the supposedly green practices applied by a business or the environmental benefits of its goods and services. Typically greenwashing is used to raise the attractiveness of goods or services in the eyes of prospective buyers, and thus to increase sales and attract customers. But sometimes the spread of misleading ecological messages is simply due to ignorance.

Settlement is a popular and safe way of resolving civil disputes. By making concessions to each other, the parties autonomously frame the legal relationship between them and allocate the rights and obligations acceptable to them. The law in Poland also promotes this model, providing advantageous rules for parties to court proceedings allowing for return of the court fee on claims if a settlement is reached. The earlier a settlement is reached, the more of the fee can be recovered. In some cases, even the entire fee may be refunded.

The end of last year abounded in new regulations in Poland governing the electricity market. There was also a lot of talk about the need to amend questionable regulations. But the changes are so numerous it is hard to predict their ultimate impact on the market and specific market participants. This is particularly evident in the case of generators of power from renewable energy sources benefiting from the auction support system.

In this episode of News from Poland—Business & Law, Konrad Grotowski and Jakub Barański talk about taking the testimony of a foreigner (especially a member of a company’s management board) in a Polish civil court as a party to the proceedings.

The proliferation of remote work, combined with the development of monitoring technologies, has led employers around the world to implement various, sometimes technologically advanced methods to check employees’ performance and commitment to their work. In this area, IT solutions and programs commonly called “bossware” are gaining popularity.

Igor Hanas, an adwokat and partner at Wardyński & Partners who advises energy sector clients, will talk about changes in law affecting electricity prices, building nuclear power stations, and also onshore and offshore wind farms.

The newest episode of News from Poland—Business & Law focuses on Poland’s energy transition and especially offshore wind farms. Adrianna Ogonowska, attorney-at-law, who specialises in environmental protection issues associated with biodiversity and protection of the marine environment, will tell us about the legal aspects of such projects.
 

The European Union has addressed the issue of the impact of third countries, from outside the EU, on the operation of the single market. Next year, the Commission will begin investigating sources of money giving foreign undertakings an advantage, including in public procurement procedures. Subsidised contractors will not get public contracts in the EU if awarding them a contract could disrupt the EU market.