| In Principle

According to recent estimates by FUSIONS (Food Use for Social Innovation by Optimising Waste Prevention Strategies), some 88 million tonnes of food is wasted every year in the European Union, and the related cost may be about EUR 143 billion. Although most food waste (c. 50%) occurs in households, distribution accounts for about 5%, or over 4 million tonnes of wasted food per year.

Under Art. 143c(1) of the Public Procurement Law, the contracting authority is required to make direct payment to a subcontractor approved by the contracting authority if the subcontractor does not receive payment due from the general contractor. This regulation has provided greater protection to subcontractors under public contracts, but in certain situations it may be difficult to obtain this protection.

An overhaul of Polish civil procedure was published on 6 August 2019. The amending act partly entered into force on 21 August, but most of the new rules apply from 7 November. What can we say so far about the new rules, what should be expected, and what are the worries?

The amendment of the Civil Procedure Code introduces a few technical improvements to increase the efficiency of proceedings.

While focusing on the most notable changes in the amended Civil Procedure Code, it is possible to overlook the change in the jurisdiction of the courts in several categories of cases. But this change is vital to many litigants.

Along with the recent amendment of the Civil Procedure Code, the separate procedure in commercial cases has returned. This will undoubtedly be a major change for businesses and their counsel.

Electronic service between attorneys, and the end of fictitious service. The amendment to the Civil Procedure Code has brought numerous changes to the service of legal documents.

Two conditions must be met for a civil dispute to be resolved effectively: at the earliest stage of the case it must be precisely defined what is truly disputed between the parties, and the proceeding should be planned so that those issues can be focused on. If this can be achieved, the parties and the court can devote their energy and attention to the truly relevant issues. This will improve the speed and quality of judicial decisions, legal certainty, and security of commerce.

Will the amended civil procedure rules improve the litigation position of people suffering a loss in motor vehicle collisions?

On 5 November 2019, the President of Poland signed into law an amendment to the Act on Public Offerings and Conditions for Introduction of Financial Instruments into an Organised Trading System and on Public Companies. Most of the new regulations enter into force 14 days after publication of the amending act. It is intended to adjust Polish law to reflect the entry into force of the EU’s Prospectus Regulation (2017/1129) (which generally should have been done by July).

In arbitration, as in proceedings before the state courts, it is permissible to assert alternative claims alongside the principal claim. But there are no express rules on the fees for such claims in the Act on Court Costs in Civil Cases or in the rules and fee schedules of arbitral institutions. This raises the question of how fees should be calculated for alternative claims in the two types of proceedings, and whether the rules are the same.

Before the first contractors appear on the construction site, the investor must comply with many formalities, including obtaining a building permit. But what if the documentation filed with the construction authorities proves incomplete or does not comply with the regulations? Does this necessarily bar completion of the project?