Mateusz Grochowski

Toward Effective Justice in Consumer Protection (the Supreme Court, 20 June 2017)

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The Institute of Law Studies of the Polish Academy of Sciences sincerely invites to the Seminar “Toward Effective Justice in Consumer Protection”, taking place in the  Supreme Court of the Republic of Poland on 20 June 2017. The conference is organized as a part of the project “Roadmap to European effective Justice (RE-Jus): judicial training ensuring effective redress to fundamental rights violations (co-funded by the European Commission). The conference is organized in the building of the Supreme Court, hall “A”.

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Posted on by Mateusz Grochowski in General Issues

The effects of abstract review of contract clauses – the resolution of the Supreme Court (III CZP 17/15)

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In the resolution of seven judges of 20 November 2015 (III CZP 17/15) the Supreme Court faced the question of the precise scope of erga omnes effect of in abstracto abusiveness of contract clauses. Under Art. 47943 of the Code of Civil Procedure the judgment that declares abusiveness of a clause is “effective towards third persons”, from the day of listing this clause in the public register administered by the President of the Office of Protection of Competition and Consumers. Although the provisions in question have been repelled from the Polish legal system in April 2016 (and replaced with in abstracto administrative review of clauses), the resolution in question still have a profound significance for framing the underlying premises of abusiveness control in the EU, as well as the interplay between consumer protection and fundamental rights sphere.

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Posted on by Mateusz Grochowski in Civil Procedure, Consumer Law

XVI International Congress of Comparative Law in Brisbane – Complete Polish Reports

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Continuing publication of Polish Reports from International Congresses of Comparative Law, we present the materials from the XVIII Congress, organized in 2002 in Brisbane. The publication has been prepared by the outstanding Polish scholars, providing details on a variety of topics listed below. They concern also numerous problems of Polish private law, both substantial and procedural. As for the previous reports, also the current publication has been prepared due to kindness of the Łódź University Press.

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Posted on by Mateusz Grochowski in General Issues

XVII International Congress of Comparative Law in Utrecht – Complete Polish Reports

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“Polish Private Law” publishes the next collection of Polish reports – from the XVII Congress of Comparative Law in Utrecht (2006). The reports provide information on various aspects of the Polish legal system – including problems of private law and civil procedure – relevant from the comparative perspective. We are thankful to the Łódź University Press for their steady and kind cooperation in this respect.

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Posted on by Mateusz Grochowski in General Issues

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

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“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

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Posted on by Mateusz Grochowski in General Issues

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

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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.

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Posted on by Mateusz Grochowski in General Issues, IP Law

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

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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.

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Posted on by Mateusz Grochowski in Civil Procedure

XIX International Congress of Comparative Law in Vienna – Complete Polish Reports

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We are very glad to present the complete edition of Polish reports for the last year’s XIX International Congress of Comparative Law in Vienna (edited by Professor Biruta Lewaszkiewicz-Petrykowska). It contains studies covering different areas of Polish legal system – among them selected problems of private law, its interplay with fundamental rigths and questions of civil procedure. The material has been published by the Łódź University Press. Thanks to its courtesy we enclose below the full electronic version of the book.

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Posted on by Mateusz Grochowski in General Issues

Representation of a foreign company acting through its branch in Poland

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The Polish legal system allows foreign companies to conduct their business activity in Poland both directly (to a limited extent), as well as through a branch (oddział) and representative office (przedstawicielstwo). A branch is considered to be an organisational structure (without its own legal capacity or personality) providing a framework for doing business in the full range for that company, whereas a representative office can only carry out advertising and promotional activities.

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Posted on by Mateusz Grochowski in Company Law

Actio de effusis vel deiectis – the boundaries of flexibility

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Article 433 of the Polish Civil Code embraces the classical construction of liability for damages caused by objects or liquids falling out from a room. Following the classical pattern of the Roman actio de effusis vel deiectis, the Code tightens considerably the liability in comparison to Article 415 CC, setting out a general obligation to compensate for damage caused by an unlawful deed, as long as the culprit remains in the wrong. The peculiar tort in question, on the other hand, awards the right to claim compensation from every person who occupies the room, regardless of their fault (which clearly rates this provision in the Polish doctrine under what is known as “liability upon the risk basis”). Among the relieving circumstances, the statute rates only force majeure, the exclusive fault of the victim or a third party for whose deeds the resident does not bear liability. Read more

Posted on by Mateusz Grochowski in Contract Law