Notification of foreign joint ventures: Another change in the UOKiK guidance on extraterritoriality
On 2 April 2025, the Office of Competition and Consumer Protection (UOKiK) published another update of the guidelines on the criteria and procedure for notification of intended concentrations. This time UOKiK clarified its interpretation of the “effects doctrine” (extraterritoriality principle) regarding joint ventures. As indicated in the communication from UOKiK, the aim is to reduce the number of foreign concentrations notified to the Polish competition authority.
Annulment of a marriage with a ruling of bad faith of one of the spouses: What are the legal consequences?
The Family and Guardianship Code contains a catalogue of impediments preventing entering into a marriage. If a marriage is concluded despite the existence of impediments, the marriage is valid but can be annulled by a court ruling. Also, when declaring a marriage invalid, the court will decide whether the marriage was made in bad faith, and if so, which spouse acted in bad faith.
Changes in the EU system for protection of geographical indications
So far, geographical indications have been primarily relevant to just a few countries, such as Italy and France. But recent changes at the EU level are opening up interesting prospects for Polish producers as well. Below we write more about what geographical indications are, how the protection system has recently changed, and who stands to benefit from these changes.
Can a spouse’s mental illness be grounds for divorce?
One of the reasons people dissatisfied with their marriage decide to file for divorce is their spouse’s mental illness. As the number of persons receiving psychiatric treatment is on the rise, and the legal consequences of divorce are substantial, it is worth clarifying when mental illness is sufficient grounds for ending a marriage, and if so, which disorders would qualify.
Can a spouse’s mental illness be grounds for annulling the marriage?
W polskim systemie prawnym nie każdy może zawrzeć małżeństwo. Art. 10-16 Kodeksu rodzinnego i opiekuńczego wyliczają sytuacje, gdy zawarcie małżeństwa nie jest możliwe ze względu na specyficzne „cechy” osób, które chciałyby zawrzeć małżeństwo. Jedną z przesłanek umożliwiających orzeczenie nieważności małżeństwa jest choroba psychiczna występująca u małżonka w momencie zawierania małżeństwa, jeśli zagraża ona małżeństwu lub zdrowiu przyszłego potomstwa (art. 12 § 1 k.r.o.).
How are works of art insured?
Insurance is encountered in many areas of life, protecting against fortuitous events by transferring risk to an insurance company for a fee. In this regard, art is no exception. But the procedure for taking out insurance on artworks has certain specific features.
The European Single Access Point—a new information obligation for insurers
Insurance and reinsurance companies should soon prepare to comply with a major new regulatory obligation, to transmit data to ESAP. The proposal for implementing this change in Poland has been released on the website of the Government Legislation Centre.
Principle of transparency and certainty of terms in public contracts and beyond
The principle of transparency and certainty of terms are essential for ensuring fair and efficient trade, particularly within the public procurement sector. A case currently before the Court of Justice of the European Union (C-82/24), in which we have the privilege of representing the contractors, underscores the dangers of interpreting contractual terms unpredictably after a contract is awarded, and issues that can arise if governing law is applied inconsistently or arbitrarily to public contracts, disregarding the principle of party autonomy. The opinion issued in the case by Advocate General Sánchez-Bordona explains how EU law can safeguard contractors by preventing such risks.
Amendment to the Polish Sanctions Act: Key changes and new obligations
An act amending the Polish Sanctions Act will enter into force on 26 February 2025. It introduces significant changes to improve the enforcement of sanctions in Poland. But it also poses new compliance challenges for companies. Below we discuss the key points of the amendment.
Poland is implementing the NPL Directive. What will change for market participants?
The Act on Credit Servicers and Credit Purchasers of 20 December 2024 was published in the Journal of Laws on 4 February 2025. It implements Directive (EU) 2021/2167 on credit servicers and credit purchasers, known as the NPL Directive.
State aid in due diligence: What to know before conducting an M&A transaction
Usually, before a business decision is made to merge with or acquire a company, its financial and legal situation is analysed. In this assessment, sometimes state aid is overlooked and not considered a significant risk factor. However, M&A transactions almost always affect the conditions of aid obtained by the company from public funds. The most common source of risk is a change in the status of the business entity (which could mean that the aid becomes improper) or failure to comply with procedures under aid agreements. A finding that state aid was undue or misused may result in an obligation to repay the aid, as well as other legal and financial consequences.
Change of benchmark rates from WIBOR to WIRF in credit agreements
In the coming years, the Polish financial market will face a major change: replacement of WIBOR (the Warsaw Interbank Offered Rate) with a new benchmark, WIRF (the Warsaw Interbank Reference Rate), which is eventually to be named POLSTR (the Polish Short-Term Rate). The change of the benchmark is part of a broader global reform aimed at replacing IBOR-type benchmarks.
