| In Principle

For many years, contractors have been required to submit a European Single Procurement Document (ESPD) during the course of procedures for award of public contracts in Poland. But the way this form should be completed still raises doubts among contractors and contracting authorities. An example is the question about incidents of early termination of previous contracts. Contractors aren’t sure whether their response to this question should indicate only situations meeting the conditions for exclusion set forth in Art. 109(1)(7) of the Public Procurement Law.

For our readers and authors, our wish is time flowing at a gentle pace. With your nearest and dearest (human and non-human), far away from the computer screen. We will return in the New Year.

According to the European Pet Food Industry Federation, in 2022 there were 8 million dogs in Poland, the 6th-highest number in Europe. The growing popularity of pets is noticeable. If you’re out walking your dog, morning or evening, it might seem nearly every person you pass is also walking their dog. More than 68% of dog owners humanise their pets and regard them as members of the family. This trend is affecting the market for pet products and services. The pet industry in Poland is growing rapidly, and this includes veterinary healthcare services.

In an ideal world, members of corporate boards should be elected with respect for the interests of as many shareholders as possible, including minority shareholders. It is customary that when any shareholder or group of shareholders has a stake in the company sufficient to choose at least one member of the supervisory board, the majority shareholder should solicit from them a proposal to put forward at least one candidate to ensure adequate representation on the supervisory board. If this does not occur, the law allows shareholders to request that voting for the supervisory board be conducted in separate groups. This procedure is designed to protect the interests of minority shareholders.

On 11 September 2024, a panel of seven judges of the Supreme Court of Poland issued a resolution in case no. III CZP 65/23 regarding the settlement of claims within the motor insurance market. The ruling involves the possibility of using cost estimates to determine insurance claims when it is no longer possible to actually repair the vehicle. In December 2024, the Supreme Court published the justification for the resolution and the motives for its ruling.

On its website, the Polish Financial Supervisory Authority (KNF) has announced that it plans to repeal the current recommendations and guidance for financial institutions on managing IT and cybersecurity, covered by the EU’s DORA regulation.

The EU’s General Product Safety Regulation will start to apply in Poland on 13 December 2024. The GPSR will replace the product safety regulations now in force, and apply to many types of non-food consumer products. It sets general safety standards for all categories of consumer products for which more specific standards are not provided in other laws. Adapting to the changes will require relabelling of consumer products, among other efforts. But inspections and sanctions will have to wait for legislation by the Polish parliament.

Foreign direct investment contributes to the growth of the economies where foreign money is invested, but can also undesirably interfere with resources of strategic importance to the functioning of the host country. In difficult times, security issues come to the fore at the national and EU levels, and protectionist tendencies rise. In recent years, the best example is implementation of regulations on control of FDI in the laws of various European countries (as reflected in the latest update to the procedural guidelines issued by the Polish competition authority).

The July 2023 amendment to Poland’s civil procedure rules made a big change in the filing fee on a fraudulent-transfer claim against a third party. Now, if the amount in dispute at the first instance or on appeal exceeds PLN 20,000, the fee will be capped at PLN 1,000. There is one condition: the creditor must hold specific legal proof of its claim against the debtor. Previously, the fee on such a claim could run as high as PLN 200,000.

The growing problem of global deforestation and degradation of forests, leading to a loss of biodiversity, has not escaped the attention of EU lawmakers. In 2021, the European Commission proposed a regulation combatting these negative developments. The proposal was adopted and is in force. Now there are many indications that the new rules will not apply until 12 months later than originally planned. However, it is not certain that the European Parliament will have time to delay the application of the new provisions.

The Artificial Intelligence Act (Regulation (EU) 2024/1689) entered into force on 2 August 2024. In most respects the regulation will apply from 2 August 2026. The AI Act also includes grace periods enabling entities covered by the regulation to adapt to their new obligations.

On 26 September 2024, the Court of Justice issued a major ruling on consumer protection in the context of presentation of product prices and use of discounts in advertising campaigns. The judgment in C-330/23, Aldi Süd, will be crucial for businesses operating in the EU, including Poland.