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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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KIELTYKA GLADKOWSKI KG LEGAL PARTICIPATED AT DOW JONES WEBINAR

Publication date: January 15, 2025

On 14 January 2025 Patryk Piecha of KIELTYKA GLADKOWSKI KG LEGAL had the great pleasure of participating in a webinar organized by Dow Jones devoted to “Sanctions: The Outlook for Policy and Enforcement.” This was a chance to familiarize with experts’ opinions on the impact of the incoming U.S. administration under President-elect on global policy and the economies of U.S. allies and the European Union. The speakers were Nicholas Elliott, Miroslava Panuscikova, Tom Blass, Rachel Ziemba, and Rachel Fiorill. The webinar consisted of two parts. The speakers firstly provided a detailed analysis of various statistical data, such as the monthly changes in sanctions from 2020 to 2024, with particular attention paid to the sudden changes starting in February 2022 (Russia’s aggression against Ukraine), when there was a significant increase in sanctions imposed, particularly by the EU on Russia. The biggest leader in sanctions during this period was OFAC, the U.S. Office of Foreign Assets Control. The speakers also discussed UN sanctions (on various countries), which have remained unchanged over the past two years, while EU sanctions have been undergoing substantial changes, especially with respect to Ukraine.

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Briefing of flagship cases for the 2024/2025

Publication date: January 14, 2025

The turn of the year was particularly busy for the lawyers of KIEŁTYKA GŁADKOWSKI KG LEGAL. Our team has been trusted by representatives of top law firms and global business corporations. Since the profile of the law firm is a result of experience, we would like to present flagship cases that, like in a lens, focus the profile of our law firm specializing in cross-border cases:

1/ CROSS-BORDER TRANSACTION OF THE SALE OF THE WORK OF ART – unique transaction value

Our team dealing with cross-border matters supported with its legal services the world’s most renowned British auction house, which mediated in the sale of a handwritten document of one of the most important artists of Polish origin to a Polish cultural institute established under a separate Polish act.

KIEŁTYKA GŁADKOWSKI advised on:

– negotiation of payment security under the direct public procurement procedure and budget subsidy from the Ministry of Culture for the purchase of a work;

– representing an intermediary selling the work of art in the procedure of temporary transit of the work for auction purposes before customs authorities;

– negotiations regarding contractual obligations regarding the provenience of the work.

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