Banking Enforcement Titles non-constitutional and derogated from the Polish legal system

money-1005477_1920

On 14 April 2015, the Polish Constitutional Tribunal rendered a ruling that triggered a great commotion on the Polish market of banking services. The Tribunal declared Article 96 sec. 1 and Article 97 sec. 1 of the Banking Act – regulations constituting Banking Enforcement Title – as contrary to the principle of equality (case No P 45/12). In response to the judgment, the state legislator derogated this instrument from the Polish legal system with effect from 27 November 2015.

Read more

Posted on by Aleksandra Bolibok in Civil Procedure, Consumer Law, General Issues

XVIII International Congress of Comparative Law in Washington – Complete Polish Reports

vienna-1022251_1920

“Polish Private Law” is pleased to present a complete set of Polish Reports from the XVIII International Congress of Comparative Law, hosted in 2010 in Washington D.C. The publication of the electronic version has been carried out in cooperation with the Łódź University Press – for which we owe sincere gratitude. For materials from the XIX Congress in Vienna, see: http://polishprivatelaw.pl/xix-international-congress-of-comparative-law-in-vienna-complete-polish-reports/#more-6635

Read more

Posted on by Mateusz Grochowski in General Issues

Current Problems of Due Diligence & M&A – Prof. Klaus J. Hopt

laptop

Civil Law Department at the Faculty of Law and Administration of the University of Warsaw invites everyone interested in private and company law to the open lecture of Prof. Klaus J. Hopt

Read more

Posted on by Karolina Pasko in Company Law, Contract Law, General Issues

A preliminary question from the Polish Supreme Court to the CJEU (case C-367/15)

sn

The Civil Chamber of the Supreme Court of Poland referred its second preliminary question to the CJEU (following a previous one reported previously on Polish Private Law). This time it addressed issues of intellectual property protection, against the background of the 2004/48/EC directive of 29 April 2004 on the enforcement of intellectual property rights. The Court confronted this act with the domestic remedies in the case of copyright infringements, concluding that the possibility to award damages without ascertaining the real amount of loss, as set forth in the Polish regulation, is not compliant with the EU rules, excluding penal measures in these terms.

Read more

Posted on by Mateusz Grochowski in General Issues, IP Law

Conference: 30 Years of European Product Liability Law

wroclaw

The Conference will be held on 15th October 2015 at the Faculty of Law, Administration and Economics University of Wrocław). Its aim is to discuss whether regulation presently in force in European Union Member States concerning liability for loss caused by defective products, as implemented under Council Directive of 25 July 1985 (85/374/EEC) on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, remains, after thirty years, an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users.

Read more

Posted on by Nina Baranowska in Consumer Law, General Issues

Unilateral termination of contracts under Polish law

document-428332_1280

The discussion about provisions relating to the unilateral termination of contracts becomes controversial already at a terminological level. It has been noted, not only in Polish literature, that the terminology used in this field in various national laws is ambiguous and may be misleading (P.S. Atiyah, An Introduction to the Law of Contract, Oxford 1995, p. 398). The power to unilaterally bring a contract to an end may be defined as the right to terminate, withdraw from, cancel or rescind a contract. Certainly, the unilateral termination of a contract is not as uniform as could be sought-after. Thus, it is important to set out the terminological background before presenting the legislative framework for the unilateral termination of contracts under Polish law.

Read more

Posted on by Karolina Pasko in General Issues

The seller’s claims regarding the defective nature of the thing sold – a new quality?

centrum2

The Consumer Rights Directive (CRD) required businesses across the EU to comply with its requirements from 13 June 2014. EU Member States have takenvarious approaches to implementing the new legislation. The Polish Act on Consumer Rights, which transposes the CRD, came into force on 25 December2014.  The newly introduced Article 576 (1) of the CC provides that, if the thing did not have the characteristics it should have had in accordance with its intended purpose or in accordance with assurances made in public, or has been issued in an incomplete condition, then the seller that incurred the costs as a result of the consumer exercising its rights under a warranty for physical defects, may request the redress of the damage suffered from one of the previous sellers, as a result of the actions or omissions of which the thing became defective.

Read more

Posted on by Aleksandra Kunkiel-Kryńska in Consumer Law

A preliminary question from the Polish Supreme Court to the CJEU (case C-70/15)

ets

In its ruling of 27 November 2014 (case number: V CSK 487/13), the Supreme Court (Civil Chamber) asked a preliminary question to the CJEU. This is worth mentioning, as the decision in question is not only the first case of the Supreme Court revoking the preliminary procedure in civil matters, but also the first one in its jurisprudence at all. The question concerns two issues of the European civil procedure regulation.

Read more

Posted on by Mateusz Grochowski in Civil Procedure

Freedom of religion vs. airport security checks

gurudwara-621065_1280

The Court adjudicated the cassation claim of the claimant, challenging the judgment of the Court of Appeals in Warsaw rejecting the claim of the claimant – a Sikh – alleging the infringement of his personal rights. During the security check, he demanded to be able to take off his turban in a secluded place without the presence of other guards, but this was refused by the officials in charge. Upon this ground he asserted the encroachment of his freedom of conscience and religion – and hence, an infringement of Articles 23 and 24 of the Civil Code of Poland (specifying the concept of personal rights and remedies in the case of their violation).

Read more

Posted on by Joanna Buchalska in General Issues

Specific nature of Polish Group Action under the Law of 17 December 2009

grupa

Group action is a new institution to Polish civil procedure that has been introduced by The Act on Asserting Claims in Class Proceedings of 17 December 2009, the “Polish Class Action Act”. The act came into force on 19 July 2010 and is a step towards unifying Polish law with European Union law. This act is the main regulation, but is not all-encompassing. Issues not addressed in this act are regulated by the Code of Civil Procedure of 1964 according to Article 24 of the Act (the Act on Asserting Claims in Class Proceedings of 17 December 2009). Under this regulation there are certain certification criteria that must be met to bring a class action into court. In this paper I will briefly present crucial aspects of the Polish regulation, such as the certification criteria, the scope of application, requirements for monetary claims, class representatives, stages of proceedings, remedies, and the costs of class actions.

Read more

Posted on by Monika Adamin in Civil Procedure