Change of the purpose of perpetual usufruct: Is it necessary to conclude an agreement and pay compensation?
Local governments and authorities representing the State Treasury accuse developers of planning projects or making other changes in the current manner of use of real estate inconsistent with the purpose for which perpetual usufruct was established. Then they offer the perpetual usufructuary an agreement changing the use of the property in exchange for compensation. Is there any justification for such actions?
Medical data—keep or delete?
From 25 May 2018 Polish healthcare institutions will face conflicting rules on how to handle medical documentation under the EU’s General Data Protection Regulation and Polish healthcare laws. The inconsistencies could be eliminated by the new Personal Data Protection Act, but it appears unlikely that work on the new act will end on time. So what should institutions do to limit their regulatory risk?
Jurisdiction in cases involving international construction contracts under the recast Brussels I Regulation
In disputes involving cross-border construction contracts, one of the questions to be resolved is jurisdiction. Before joining issue in litigation in Poland, the defendant may assert the defence of the lack of jurisdiction of the Polish courts. Jurisdiction in such cases will be determined by applying the recast Brussels I Regulation. The Wrocław Regional Court recently issued a ruling on application of this regulation in civil litigation involving construction works.
Damages for online copyright infringement
It is hard to assess the scale of copyright infringement when it occurs on the internet. Proving the amount of the injury is one of the challenges facing the copyright holder. Lump-sum damages can help. This issue was recently addressed by the Warsaw Court of Appeal—a good occasion to cover a few ground rules for how to proceed in cases of this type.
European Commission calls on Austria to eliminate barriers to oversight in public procurement
On 25 January 2018 the Commission sent a formal summons to Austria to eliminate irregularities in national law limiting contractors’ rights to seek review of actions by authorities conducting public procurement procedures.
Artificial intelligence and the assault on the legal profession
A forthcoming breakthrough in smart algorithm systems will certainly revolutionise the entire economy, much as internet access has become universal. This revolution will not just impact opportunities for finding work in professions such as translator or driver, but will also completely transform the operations of the justice system. This was demonstrated in a recent competition to predict the results of court proceedings between a group of lawyers and an algorithm created by an English startup.
In-house procurement occurs when a public contract is not awarded
Even when work was underway on an amendment to the Public Procurement Law in 2016, there was some controversy surrounding the question of in-house procurement. In late 2017, the National Appeal Chamber rejected the first contracts concluded under the new provisions between local government authorities. It would be unfortunate if at this time a practice emerged in Poland stifling cooperation between public authorities working together to carry out their duties.
The Terezin Declaration and the JUST Act: What is right and what is imaginary
Recent media reports have claimed that a bill being considered by the US Congress would allow Jewish organisations to seek compensation for so-called heirless property and make other claims under the 2009 Terezin Declaration. While such fears are entirely imaginary, they represent a good opportunity to examine the Terezin Declaration and the state of its implementation in Poland.
The issue of Jewish heirless property demands extraordinary measures
The issue of Jewish heirless property is the most controversial aspect of the debate over finding a comprehensive regulatory solution for reprivatisation in Poland. The general legal principle calling for reversion of property to the state (escheat) if the owner dies without heirs is of little practical assistance in these matters.
I know what I'm drinking – Polish version
Consultations have ended on a draft amendment of the Act on Sobriety Education and Countering of Alcoholism as well as the Food Safety and Nutrition Act. They are to raise the awareness of consumers and help them make informed choices, now in relation to alcoholic beverages.
Repair clause in disputes over replacement parts
The new ruling by the Court of Justice on the “repair clause” gives more freedom to manufacturers of non-original replacement parts.
Permitted restrictions on freedom of expression under Art. 10 of the European Convention on Human Rights
Art. 10 of the European Convention on Human Rights protects various kinds of expression, including artistic, non-verbal and non-visual forms. This right means the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. But there are situations where the state can legitimately impose certain conditions and restrictions on exercise of this right.
