| In Principle

The newest episode of news from Poland explains what the effects of bankruptcy will be on the Polish assets of a company and on its Polish creditors and, above all, what recognition of foreign bankruptcy is, what it is needed for and what it consists of.

In Poland, manufacturing and trading in technologies and devices for military or police use is a strictly regulated economic activity requiring a licence. But simply obtaining a licence is not the end of contacts with regulators. Changes in corporate authorities and some changes in ownership require notification to the relevant authority. Failure to comply with the notification obligation may lead to restriction or even revocation of the licence.

This year’s huge sporting events—the recently concluded European football championship and the Summer Olympic Games in Paris—are a good opportunity to look at regulations for broadcasting major events. In this article, we write about the events covered by the regulations, the obligations imposed on broadcasters, and the sanctions for non-compliance.

Pursuant to the EU’s Foreign Subsidies Regulation (2022/2560), the European Commission may, at its own initiative, investigate any foreign subsidy covered by the regulation, in any sector of the economy, relying on information from all available sources. The Commission may also review foreign subsidies based on advance notification by the company, especially in the case of large concentrations and procurement procedures exceeding certain thresholds.

Employee stock ownership plans (ESOPs) allow a select group of employees (usually management) to take an equity stake in the employer by purchasing shares at a nominal value or a value determined in the programme. These plans are implemented over a period of several years, and a condition for offering shares is the company’s achievement of certain financial targets specified in the plan.

In the early years of my legal career, I came across a tax interpretation requested by a library wishing to determine the tax consequences of forgiving fines for overdue books. That was when I heard for the first time the advocacy rule of avoiding “the question too far.”

Growth of agricultural biogas plants is an essential component of Poland’s energy transition. In the second article of our series on biogas plants, we present the most important aspects and pitfalls of the development process for these facilities.

Approval of the master plan for Warsaw Chopin Airport in July 2023 has paralysed real estate development in the city. Why? And is there a cure?

For years, the European defence industry has been oriented towards peacetime production, resulting in low capacity. The war in Ukraine quickly exposed this, as well as the severe underinvestment which the EU’s defence sector has suffered from for years. Optimistically, the growing demand for defence equipment has also quickly raised the awareness that production capacity needs to be increased. But now this conviction must translate into action, first of all in the form of increased financial support.

In May 2024, the Polish Chamber of Insurance and the Polish Bank Association jointly issued Good Practice Guidelines on Credit Protection Insurance, with oversight of the financial regulator. The guidelines address a number of key issues, from creation of CPI products, to marketing, distribution, and monitoring of compliance.

Amendments to the EU’s provisions on medical devices were published in the Official Journal on 9 July 2024. The new rules will begin to apply six months after publication (i.e. from 10 January 2025). In vitro diagnostic devices are gaining extended certificate validity and longer transition periods. The EUDAMED database can be launched in steps, which should speed up the mandatory use of the modules that are now ready. Meanwhile, manufacturers and other participants in the distribution chain have a new obligation to report problems with availability of medical devices.

A proposal to cut red tape for businesses in Poland could backfire against contractors in procurement appeals.