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current cases
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The repeal of an arbitration court decision by a common court is only possible in few situations
10-12-2009
Małgorzata Jaroń: An arbitration court, in resolving a dispute, is neither bound by previous common and arbitration court decisions nor their factual findings or views expressed in their justification.
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A motion to suspend proceedings does not initiate new administrative proceedings
30-10-2009
In resolving the issue of suspending proceedings, an adjudicating body does not assess whether a petitioner has a legal interest legitimizing his capacity to act in administrative proceedings subject to suspension.
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Permissible procedural flaws
20-10-2009
The Supreme Court will not recognize a final appeal charging violation of regulations concerning the manner of hearing evidence if it is deemed that such flaw had no significant impact on case outcome.
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An expropriated party will wait for compensation
09-10-2009
A judgment awarding compensation to an expropriated party cannot be rendered if administrative proceedings are underway to grant substitute property. It is irrelevant whether the city possesses such real estate, therefore such action will have no effect.
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Lack of knowledge is not always detrimental
01-10-2009
Katarzyna Petruczenko: A case concluded on 11 September concerned a plaintiff's trust in state bodies.
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SS Rotterdam legally expelled
31-07-2009
The mere suspicion of a threat to the environment suffices for a minister to order a foreign vessel to the leave Polish waters.
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The case of the s/s Rotterdam before the Supreme Administrative Court (NSA)
21-07-2009
July 16 will mark a verdict delivered by the NSA in a case concerning the vessel s/s „Rotterdam” following its delayed publication.
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A composition agreement covered amounts due, and not specific creditors
26-06-2009
“Creditors participating in bankruptcy proceedings have the right to administer their receivables until legally valid approval of a composition agreement. A change of creditor following repayment of a liability by a third party with consent of ...
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Will Polish taxpayers pay for the incompetence of officials?
15-05-2009
The ocean liner SS Rotterdam, which was expelled from Gdańsk in 2006 and renovated in Wilhelmshaven, Germany, will soon open as a modern hotel and conference centre in Rotterdam. At the same time, the Supreme Administrative Court will be reviewing ...
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Dispute between banks and the Competition and Consumer Protection Office
09-03-2009
Sabina Famirska: The fact that a first instance court, basing itself on the same evidence as the CCPO Chairman, drew different conclusions does not signify a transgression of bounds of free evaluation of evidence.
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Litigation News
the law in Poland
publications
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Easier to amend environmental decisions
It often happens that the plans for a project are modified after a decision on environmental conditions is issued but before issuance of a permit for the project itself (e.g. the building permit). Is it necessary to amend the environmental decision?
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Transfer of environmental permit to acquirer of installation is not the rule
When a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
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Arbitration in Poland
Interest in arbitration is growing, due to its effectiveness, professionalism, confidentiality and speed—particularly important benefits for businesses. But the parties do not always take full advantage of the possibilities.
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