Latest updates

Capacity market: consultation on necessary amendments
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 14 September 2020

In recent weeks, information has been published concerning the draft amendment to the Act of 8 December 2017 on the Capacity Market. The amendment aims to adapt Polish regulations to reflect the new electricity market structure agreed at the EU level as part of the Clean Energy for all Europeans package. The Ministry of Climate is responsible for the draft law, the adoption of which is planned for the third quarter of 2020.

Changes on the horizon regarding posting of employees and mobbing
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 02 September 2020

For the past few months, legislative work has primarily focused on COVID-19. However, the anti-crisis shield is not the only issue that employers should pay attention to in the near future. On the horizon there are changes concerning the posting of employees and potential changes with respect to 'mobbing' (ie, workplace bullying).

Authors' right to prohibit performance of songs by former band singer and writer of lyrics
Sołtysiński Kawecki & Szlęzak
  • Intellectual Property
  • Poland
  • 17 August 2020

In a long-running dispute, well-known musician Małgorzata Ostrowska took legal action concerning the use of songs, for which she had written the lyrics, against Grzegorz Stróżniak, her former band colleague and the composer and co-author of the songs. As the dispute could not be settled amicably, Ostrowska turned to the courts for help and asked for the right to manage the disputed songs to be transferred to the collective management organisation for free, without the need to obtain Stróżniak's consent.

UOKiK publishes guidelines regarding competition-related fines imposed on managers
Schoenherr
  • Competition & Antitrust
  • Poland
  • 13 August 2020

Under the Competition Act, when an undertaking is fined for being a party to a restrictive agreement, the Office for Competition and Consumer Protection (UOKiK) can impose financial penalties on the undertaking's managers. The UOKiK recently published a soft law document which provides detailed rules for determining such penalties. According to the new guidelines, fine calculations are a multi-stage process in which an array of objective and subjective criteria are taken into account.

New draft Promotion of Electricity Generation in Offshore Wind Farms Act published
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 03 August 2020

Following public consultations conducted by the minister of state assets, the Ministry of Climate has published a new version of the draft Promotion of Electricity Generation in Offshore Wind Farms Act. The structure of the draft act, as well as the basic shape of the support system, remain largely intact. However, a number of changes have been made, including with respect to the definition of an 'offshore wind farm'.

Ready, set, off: Warsaw Court of Appeals confirms tribunal's jurisdiction over set-off claims
Kubas Kos Gałkowski
  • Arbitration & ADR
  • Poland
  • 23 July 2020

The issue of an arbitral tribunal's jurisdiction over set-off claims that are not covered by an arbitration agreement is controversial, with the rules differing from jurisdiction to jurisdiction. In a recent judgment, the Warsaw Court of Appeals held that even if a set-off claim is based on an agreement that is outside the scope of an arbitration agreement, the tribunal must determine the set-off's effects on the main claim raised in the proceedings.

COVID-19 legislation's impact on employee programmes
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 22 July 2020

The COVID-19 pandemic has resulted in certain changes to Polish law which affect selected financial aspects of the employee ownership programmes implemented in Poland by foreign companies. The pertinent changes involve the local labour law regulations which govern salary deductions for the purpose of covering the subscription price of the financial instruments offered to local employees who participate in such programmes.

Anti-crisis shield updates
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 15 July 2020

In response to the COVID-19 pandemic, the government introduced a package of measures known as the 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages, covering topics such as exemptions from social security contributions, downtime relief payments and reduced working time.

COVID-19: anti-crisis shield updates
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 27 May 2020

In response to the COVID-19 pandemic, the government introduced a package of measures – the so-called 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages covering topics such as exemptions from social security contributions, downtime relief payment and reduced working time.

New approach to trade secret infringement by former employees
Sołtysiński Kawecki & Szlęzak
  • Intellectual Property
  • Poland
  • 25 May 2020

A recent Supreme Court judgment explains the scope and methods of protection by entrepreneurs against the unauthorised disclosure of trade secrets by former employees. In addition, it distinguishes the possibility of a violation of someone's trade secrets by the same person, acting as an employee or unauthorised person, depending on whether said person has obtained information constituting a trade secret within or outside the employment relationship.

COVID-19: state aid scheme sets maximum prices and margins for certain goods
Schoenherr
  • Competition & Antitrust
  • Poland
  • 30 April 2020

The European Commission recently approved a state aid scheme worth Zl3.5 billion (approximately €700 million) for loans and guarantees to support the Polish economy in the context of the COVID-19 outbreak. The scheme will allow the Polish authorities to grant aid to support Polish companies affected by the COVID-19 outbreak by providing liquidity support in the form of guarantees on loans and subsidised interest rates for loans. This article addresses the new competition rules under the scheme.

National Labour Inspectorate announces 2020 inspection plan
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 08 April 2020

The National Labour Inspectorate (NLI) has announced its inspection plan for 2020, which includes undertaking 72,000 inspections. The NLI's inspection priorities include limiting violations of working time regulations and reducing the level of fraud in the conclusion of civil law contracts with regard to conditions which are specific to employment relationships.

Anti-crisis shield in response to COVID-19: review of proposed changes
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 01 April 2020

The president and prime minister have announced a Zl212 billion package of measures – the so-called 'anti-crisis shield' – to protect businesses and employees against the adverse economic effects of the coronavirus pandemic. This article provides an overview of the proposed changes to labour law presented as part of the initial version of the anti-crisis shield.

Supreme Court clarifies contractual penalties for energy consumers
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 30 March 2020

The Supreme Court recently held that imposing a contractual penalty on energy consumers due to the early termination of a contract for energy supply is prohibited. This latest ruling seems to change the current interpretation of the legal provisions on the possibility of imposing a contractual penalty on acceptance in the case of early termination of a contract which was concluded for a fixed period.

How to determine price in real estate contracts – earn-out and clawback clauses
  • Real Estate
  • Poland
  • 13 March 2020

In today's world, contractual provisions must be flexible. Transactions involving real estate often require special legal solutions. In particular, this flexibility should apply to the determination of the price in the contract or, more precisely, the possibility of increasing or decreasing the price after the conclusion of the contract.

Representation of corporations and prohibition of self-dealing
  • Corporate & Commercial
  • Poland
  • 09 March 2020

In economic trading, corporations on both sides of a transaction are often represented by the same person, who is often a board member of the parent. The Commercial Companies Code does not mention the admissibility of such simultaneous representation of two corporations by the same person acting as a board member. However, in the Civil Code, this situation is regulated with regard to the representation of two parties to a transaction by the same 'attorney-in-fact'.

New income tax exemption for Low-Emission Transport Fund e-vehicle subsidies
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 09 March 2020

A recent amendment to the Personal Income Tax Act and the Corporate Income Tax Act has introduced an income tax exemption for benefits received from the Low-Emission Transport Fund (ie, subsidies for purchasing e-vehicles). The Low-Emission Transport Fund was established in 2018 and is tasked with financing projects relating to the development of electromobility and transport based on alternative fuels.

Words, words, words: concise reasoning not grounds to vacate award
Kubas Kos Gałkowski
  • Arbitration & ADR
  • Poland
  • 27 February 2020

Parties which lose in arbitration often continue to fight off a claim before a state court in post-arbitral proceedings, despite not having a strong case. This provides a double benefit for Polish arbitration practice: not only are a vast majority of these attempts defeated, but the Supreme Court also has a chance to confirm its pro-arbitration approach. One recent decision underlines that the mere fact that the reasoning of an arbitral award is concise is insufficient grounds to vacate the award.

Temporary posting of employees to Poland continues to be problematic
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 26 February 2020

Despite the fact that almost four years have passed since the Act of 10 June 2016 on the posting of workers as part of the provision of services entered into force, its application continues to be problematic for foreign employers posting workers to Poland, particularly in regard to keeping and storing records regarding a posted employee's working time. This article answers the key questions raised by the issue.

Downstream mergers under Polish company law
  • Corporate Finance/M&A
  • Poland
  • 19 February 2020

The Code of Commercial Companies allows for mergers of both independent companies and related entities. Concerns arise when subsidiaries take over dominant companies (so-called 'reverse' or 'downstream' mergers) and the domination results in a subsidiary having a controlling shareholding package. While downstream mergers are admissible under Polish company law, a high level of uncertainty remains as to whether they will be accepted by a particular registry court.