Current regulation:
Since 2016, wind power development has virtually stopped in Poland. The number of new power plants has declined almost to zero. This has happened due to the Wind Power Investment Act. According to Article 4 of this act, the distance at which a wind power plant and a residential building may be located and constructed is equal to or greater than ten times the height of the wind power plant measured from ground level to the highest point of the structure, including the technical elements, in particular the rotor with its blades. The above is the so-called 10 H rule.[1]
Such a restrictive regulation has significantly limited the areas where wind power plants can be located, virtually stopping the development of this branch of energy on land. The investments realized since then have almost exclusively been the completion of projects started before the regulation came into force. [2]
Liberalization:
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There have been re-introduced proceedings in commercial cases to the Polish civil procedure which may be particularly of importance to cases with cross border element.
The great amendment of the Polish Code of Civil Procedure means, among other things, a return to a separately regulated commercial procedure. The legislator’s assumption is simple – greater rigor for the parties and faster verdicts, which are to adapt the court procedure to the realities of the market of professional entities conducting business activity.
The provisions regulating commercial proceedings should be applied in litigation commercial cases. Regulations concerning other separate proceedings should be applied only if they are not inconsistent with commercial proceedings. The exceptions are the European order for payment procedure, the European Small Claims Procedure and the electronic order for payment procedure.
Commercial case:
Commercial cases are as follows:
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The Polish President of the Office of Competition and Consumer Protection recognized practices of a Lithuanian company VINTED UAB based in Vilnius (the owner of Vinted platform) as a violation of collective consumer interests and imposed on the company a penalty of over 5,3 million PLN.
Vinted is a service that has gained huge popularity in Eastern and Central Europe over the last few years in conjunction with rising awareness of conscious fashion.
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On May 10th and May 11th, KIELTYKA GLADKOWSKI KG LEGAL participates in the US Chamber of Commerce second annual virtual Global Forum.
This year’s theme is “Competition in the Global Marketplace.” The speakers will discuss substantial shifts in the global landscape and explore how the competition for global markets has shifted and how today’s decisions can impact the ability to achieve sustainable, durable, and inclusive growth, creating jobs and prosperity.
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May 7, 2022 marked the introduction of the amendment to the Polish Act on Counteracting Drug Addiction. The amendments to the Polish regulations make it possible to cultivate non-fiber hemp, carried out in research institutes, in order to obtain the raw material intended for the preparation of drugs. The act also transfers the obligation to monitor the cultivation of poppy and fibrous hemp from local government authorities to the National Center for Agricultural Support.
The cultivation of hemp and poppy seeds in Poland is a controlled sector. The current legal status contains regulations according to which the producer and the buyer of poppy or hemp annually submitted an application, together with all the documentation, to the relevant authorities (mayors, city presidents) or voivodeship marshals for a decision authorizing the cultivation or purchase of poppy or fiber hemp. The new solutions abolish these requirements. To be able to grow hemp or poppy, one will only need to submit an application to the National Center for Agricultural Support. Additionally, on the basis of the current regulations, the voivodship parliament is responsible for determining the area of poppy and hemp. This solution had a limiting effect on the cultivation area and the development opportunities of the national bioeconomy. The new regulations abolish this obligation. In addition, the catalog of destination and purposes for which poppy or industrial hemp can be used is to be expanded.
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