Court rules on stay of enforcement of environmental decision
An environmental decision is not a basis for commencing implementation of a development project, and thus it does not entail a threat of significant harm or irreversible effects that would justify a stay of enforcement.
May products be marked with national symbols?
Polish national symbols, such as the coat of arms (a white eagle with a golden crown on a red background), the red and white flag, and the national anthem (Dąbrowski’s Mazurka), enjoy special legal protection.
A DNA sequence alone does not merit patent protection
The holder of a patent may not prohibit trade in products containing a patented DNA sequence if the sequence does not perform the function for which it was patented.
Someone else's trademark in a domain name?
Internet domain names should be registered in a way that respects prior rights.
Another gambling case
An EU member state may prohibit promotion and advertising of gambling services provided by enterprises from other member states, but may not apply discriminatory sanctions for violating the ban.
Union officials protected under fixed-term contracts
A member of the management board of a workplace trade union or a union member appointed to represent workers in dealings with the employer may demand reinstatement if their employment under a contract for a definite period is terminated.
Sales of samples and testers infringes trademark rights
A trademark holder may prohibit sale of brand samples and testers if the holder reserves title to the items and expressly indicates that they are not for sale, the European Court of Justice held on 3 June 2010.
No income recognised on in-kind contribution to partnership
In-kind contribution of a sole proprietorship to a partnership does not constitute the sale of the business, and thus the partner is not deemed to have income on the transaction.
Beware: not every infringement of a renowned brand is actionable
The court may refuse to find unfair competition even if the grounds are met, if the facts in the case show that the holder of a renowned trademark did not take action against infringements for an extended time.
When is income on currency options recognised?
In the case of “virtual” currency forward contracts income is deemed to arise upon receipt of payment.
Price regulation on a competitive gas market
Setting rates for energy companies is not inconsistent with achieving competition on the energy market, but not all price interventions by regulators are legally permissible.
Better to file petition to enforce claim before the debtor is declared bankrupt
Sometimes creditors put off commencing an action to enforce a claim when it could worsen the debtor’s financial position. As a result, they must wait until the bankruptcy proceeding is over before filing suit.
