Proceedings before the National Support Centre for Agriculture: Obtaining approval for acquisition of agricultural property
The procedure for obtaining approval for acquisition of agricultural property is highly formalised. Not every entity is eligible to acquire agricultural property. For example, this cannot be done by a commercial company interested in starting agricultural activity. Additionally, strict requirements have been enacted governing the price at which the vendor can offer agricultural property for sale.
Obligations of the purchaser of agricultural property
The current provisions have greatly restricted the possibility of trading in agricultural property, introducing a number of requirements that must be met before acquiring such property. But it doesn’t end there. The Agricultural System Act imposes a number of obligations on the owner following the acquisition.
Restrictions on trading in shares under the Agricultural System Act
Before any transfer of shares in companies, it is essential to analyse the transaction in the context of the restrictions on share trading under the Agricultural System Act. If any of the subsidiaries holds an agricultural property (of at least five hectares), it may be necessary to notify the National Support Centre for Agriculture. Failure to notify the transaction will invalidate the transaction.
Sanctions for violations of the Agricultural System Act
The primary stated purposes of the Agricultural System Act of 11 April 2003 are to strengthen family farms in Poland, ensure the country’s food security, and promote sustainable agriculture with an emphasis on environmental protection. Therefore, the act imposes severe sanctions for violation of its provisions: nullity of the transaction or forced buyout of the agricultural property.
Separate collection of textiles required from the beginning of 2025
As of 1 January 2025, Poland requires separate collection of textile and clothing waste. In most communes, no new waste receptacles have been installed for this purpose, but failure to comply is subject to punitive fees.
AI practices banned as of 2 February 2025
The EU’s Artificial Intelligence Act prohibits certain particularly harmful AI practices. These provisions will begin to apply from 2 February 2025. Non-compliance can attract an administrative fine of up to EUR 35 million or, in the case of a company, up to 7% of its total annual worldwide turnover from the previous fiscal year, whichever is higher.
The Shelter Act: Collective protection facilities in Poland
As of 1 January 2026, every new multifamily development will have to allow for operation of an emergency shelter. Civil defence authorities will also have to designate which existing or planned structures can serve as shelters, hiding places, and sites of emergency refuge.
A few words on the right to use the right-of-way of a public road for construction purposes
An investor seeking to build on a site must have the right to use the property for construction purposes. If the project includes for example building or rebuilding utility lines in a road right-of-way, can the right to use the property for this purpose be based on a decision authorising occupation of the right-of-way?
Liability of management board members for reimbursement of public funds: How to protect yourself?
Members of a company’s management board can be jointly and severally liable for the company’s obligations, including public-law liabilities, such as repayment of public funds granted for project financing. This liability can apply to both active and former members who were in office when the obligations arose. It is worth remembering when members of the management board can be held liable for the company’s obligation to repay financing, and the steps they can take to avoid this liability.
The packaging revolution—how 2024 ended
In environmental law, December 2024 was a month of many landmark changes. On 18 December, the legislative process for amending Poland’s deposit-refund scheme finally came to an end. And on 16 December the Council of the EU formally adopted the Packaging and Packaging Waste Regulation.
Dual-use technology transfers: Technology exports vs. technical assistance
The European export control regulations divide dual-use technology transfers into two main categories: technology exports and provision of technical assistance. Understanding the differences between the two is essential for complying with export controls.
Influencer marketing under control: A good contract is the key to success
Influencer marketing is one of the fastest-growing promotional channels. It allows marketers to reach a wide group of recipients. According to a report from Influencer MarketingHub, the global value of influencer marketing topped USD 21 billion in 2023, and was expected to reach USD 24 billion in 2024. The success of a campaign does not depend solely on choosing the right influencer. A key element is a carefully prepared contract adequately protecting the interests of the parties and ensuring proper implementation of the objectives of the campaign.
