Offence of fraudulent encumbrance of assets to frustrate satisfaction of creditors
Sham encumbrance of assets to convince third parties of non-existent legal consequences may constitute a crime. Incurring fictitious obligations is an example.
Selective payment of creditors can be a crime
Arbitrary, selective payment of only certain debts may result in criminal liability of the debtor, including in a case where it is only threatened with insolvency, if such action exposes other creditors to a loss.
Supreme Court hands down three rulings on construction of wind farms on non-owned land
In three recent cases, the Supreme Court of Poland has addressed issues surrounding construction of wind farms on land owned by another party.
Not all bank guarantees are created equal
Although the bank guarantee is a commonly used form for securing claims, it is one of the most controversial institutions in Polish law. In a dispute, it is essential to analyse thoroughly the documents establishing the bank guarantee.
How the size of a workplace union affects its entitlements
It is not enough for a union to have the required number of members at a workplace. It must also notify the employer of the number of members within a period provided by law. What if it fails to do so?
Air carriers' liability for flight delays under the latest rulings from the ECJ and US courts
A right to compensation may be deduced from Regulation 261/2004 not only for cancellation of a flight, but also for a delay of 3 hours or more. Passengers eagerly exploit this right, but the court decisions continue to raise new controversies.
When is it sufficient to state the amount in dispute in euro?
The European Court of Justice has ruled that the requirement to specify the amount in dispute in Polish currency does not apply to the European order for payment procedure.
No two faces are quite the same
An industrial design, which protects the external appearance of a product, may not be the same as a trademark, which designates the origin of goods. Thus there may be a conflict between the registration rights to a design and a trademark.
Not every contamination is environmental harm
The touchstone for determining liability for contamination of the earth or soil is the Act on Preventing and Remediating Harm to the Environment. But not every contamination will result in liability under the act.
Ecological NGOs are capable of more and should do more
Imposing remedial measures requires a finding of environmental harm, including determination of a reference point for assessment of the damage. If an ecological NGO claims environmental harm, it must be properly documented.
Investors may review expert reports on the effect of electrical connections
The Court of Competition and Consumer Protection has broken the power companies’ monopoly on information about the condition of the power grid in proceedings seeking a connection to the grid.
Who can sign the statement of claim in a class action suit?
Only an adwokat or legal adviser may sign the statement of claim in a class action suit, the Supreme Court of Poland has held in a resolution clarifying the Class Actions Act. A statement of claims signed by anyone else will be rejected by the court.
