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EUROPEAN DEFENCE INDUSTRY – 31 JANUARY 2025 – MEETING OF ENTREPRENEURS IN THE POLISH DEFENCE INDUSTRY DEPARTMENT

Publication date: January 23, 2025

KIELTYKA GLADKOWSKI ATTENDS A MEETING ORGANIZED BY THE POLISH DEPARTMENT OF DEFENCE INDUSTRY ON THE EUROPEAN DEFENCE INDUSTRY AND STRENGTHENING THE PRODUCTION READINESS AND SUPPLY POTENTIAL OF THE EU INDUSTRIAL BASE

On January 31, 2025, KIELTYKA GLADKOWSKI lawyers will take part in an information meeting for Polish industry entities regarding the EU structure of defense sector development.

The Department of Defence Industry (DPO) of the Ministry of Development and Technology is organising an Information Day for Polish industry entities regarding the EU defence sector development structure.

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Evidence from witness examination, evidence from party statements in Polish procedure. Practical procedural issues

Publication date: January 23, 2025

The concept of evidence has many meanings. It can mean the course of reasoning that leads to a conviction about the state of affairs, evidentiary proceedings, means of evidence, source of evidence or evidentiary fact. In legal literature, the concept of evidence is variously defined as: a mental act, the purpose of which is to indicate the truth or falsehood of specific statements. Evidence in the strict sense is understood as a means of evidence, i.e. that means that allows one to be convinced of the existence or non-existence of facts, and thus of the truth or falsehood of statements about these facts [1]. The right to evidence also appears in the doctrine, described as: “The right to evidence can be derived from the constitutional right to court. Without evidence, the realization of the right to court would be illusory. The right to evidence should be perceived today not only as the possibility of conducting evidentiary proceedings in order to prove the truth of knowledge of facts already possessed, but also as the right to learn about other existing evidence, the taking of which before the court could enable the party to learn about information unknown to it about facts concerning its right [2]. In turn, the Code of Civil Procedure (CPC) in Article 227 states that “the subject of evidence are facts that are of significant importance for resolving the case”. A special type of evidence is evidence from the examination of a witness regulated in the provisions of Articles 258 – 277 of the CPC. This evidence is a special case, because, as a rule, its taking is completely oral, which requires the activity of the judge and the parties during its taking.

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Procedure for temporary custom admission of works of art for auction purposes in the territory of the Republic of Poland

Publication date: January 22, 2025

Temporary admission is, due to its specific purpose, one of the categories of special procedures regulated by Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269 of 10.10.2013, as amended, hereinafter referred to as the “UCC”). The temporary custom admission procedure allows for partial or total exemption from customs duties for the transport of non-Union goods intended for re-export. They are also not subject to other duties specified in other regulations and trade policy measures (unless they prohibit the introduction of goods into or exit from the customs territory of the Union). Works of art, in order to qualify for this procedure, must be: imported for a specific purpose; identifiable (except in justified cases) and re-exported within a specific period (this period is set by the relevant customs authority so as to enable the purpose of the import to be achieved).

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KIEŁTYKA GŁADKOWSKI KG LEGAL TAKES PART IN THE WEBINAR Managing the Interplay Between the AI Act and GDPR ORGANIZED ON JANUARY 22, 2025 BY SYPHER

Publication date: January 22, 2025

KIELTYKA  GLADKOWSKI KG LEGAL takes part in their webinar “Managing the Interplay Between the AI Act and GDPR” on 22 January 2025.

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When can a civil law contract be recognised as an employment contract?

Publication date: January 15, 2025

Practical comments under Polish and EU law

Entrepreneurs use various types of contracts in the course of conducting business activity. In business transactions, there are named contracts (i.e. regulated by the provisions of applicable laws) and unnamed contracts (i.e. contracts permissible due to the principle of freedom of contract, but not regulated in any applicable legal act). The type of contract depends on the characteristics of the legal relationship established between the parties. The name of the contract itself does not determine its nature, which is why a civil law contract may be recognized as an employment contract.

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