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Theses of most recent Supreme Court and European Court of Justice rulings
26-03-2009
“Article 3 sec. 1 of Council regulation no. 1346/2000 dated 29 May 2000 on bankruptcy proceedings must be interpreted in such manner that the courts of a member state where bankruptcy proceedings have been initiated have jurisdiction to review a lawsuit on the invalidation of a legal action by the bankrupt party directed against a defendant creditor having his registered seat in a different member state” – ECJ judgment dated 12 February 2009 in case no. C 339/07.
“The reason for missing the deadline for filing a final appeal by a court-appointed attorney ceases at the time during which he is able to file it, but no later than after two months from the date of notifying him about the appointment of an attorney” - ruling of seven Supreme Court judges dated 17 February 2009, case no. III CZP 117/08.
Litigation News
the law in Poland
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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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