| In Principle

The rent, terms of payment and rent abatement period are all important factors for parties entering into commercial leases. Given the ongoing growth of the real estate market, the negotiated rent may fall well below market value within a couple of years. This is why long fixed-term lease agreements (which can be terminated only in situations specified in the lease agreement or when provided by law) should ensure that the rent amount remains acceptable to both parties for the duration of the lease. An indexation clause is one way to do this.

A ‘competent court’ now also includes the court at the place where the adverse effects of a tortious act occur. This approach will help victims seeking to recover damages.

A new edition of the suite of FIDIC contracts was published during the International FIDIC Users’ Conference in London on 5 December 2017. The publication includes new approaches to issues such as filing claims and procedural aspects of the engineer’s role in their evaluation.

Electronic procurement documents are coming. Starting 18 April 2018, the European Single Procurement Document (ESPD) will be available only online. Contracting authorities will have to include this requirement in all terms of reference while contractors will have to adjust to the new regulations.

The Energy Regulatory Office has confirmed that wind projects in RES auctions will not have to demonstrate the incentive effect. Here we explain what these changes will mean in practice.

Local governments and authorities representing the State Treasury accuse developers of planning projects or making other changes in the current manner of use of real estate inconsistent with the purpose for which perpetual usufruct was established. Then they offer the perpetual usufructuary an agreement changing the use of the property in exchange for compensation. Is there any justification for such actions?

From 25 May 2018 Polish healthcare institutions will face conflicting rules on how to handle medical documentation under the EU’s General Data Protection Regulation and Polish healthcare laws. The inconsistencies could be eliminated by the new Personal Data Protection Act, but it appears unlikely that work on the new act will end on time. So what should institutions do to limit their regulatory risk?

In disputes involving cross-border construction contracts, one of the questions to be resolved is jurisdiction. Before joining issue in litigation in Poland, the defendant may assert the defence of the lack of jurisdiction of the Polish courts. Jurisdiction in such cases will be determined by applying the recast Brussels I Regulation. The Wrocław Regional Court recently issued a ruling on application of this regulation in civil litigation involving construction works.

It is hard to assess the scale of copyright infringement when it occurs on the internet. Proving the amount of the injury is one of the challenges facing the copyright holder. Lump-sum damages can help. This issue was recently addressed by the Warsaw Court of Appeal—a good occasion to cover a few ground rules for how to proceed in cases of this type.

On 25 January 2018 the Commission sent a formal summons to Austria to eliminate irregularities in national law limiting contractors’ rights to seek review of actions by authorities conducting public procurement procedures.

A forthcoming breakthrough in smart algorithm systems will certainly revolutionise the entire economy, much as internet access has become universal. This revolution will not just impact opportunities for finding work in professions such as translator or driver, but will also completely transform the operations of the justice system. This was demonstrated in a recent competition to predict the results of court proceedings between a group of lawyers and an algorithm created by an English startup.

Even when work was underway on an amendment to the Public Procurement Law in 2016, there was some controversy surrounding the question of in-house procurement. In late 2017, the National Appeal Chamber rejected the first contracts concluded under the new provisions between local government authorities. It would be unfortunate if at this time a practice emerged in Poland stifling cooperation between public authorities working together to carry out their duties.