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:
More
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.
More
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.
More
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.
More
On October 13, 2022, there will enter into force changes to the Polish Commercial Companies Code, which will have influence on corporations operating in Poland, particularly from the perspective of holding law, regulations increasing the powers of supervisory boards and imposing additional obligations on the management boards of capital companies. The changes are introduced by the latest amendment to the Polish Code of Commercial Companies and Partnerships of February 9, 2022, published on April 12 in the Journal of Laws (Journal of Laws, item 807).
The changes contained in the amendment are important both for the owners of entities (shareholders), as well as for members of supervisory boards and members of management boards.
More
