The energy regulator is required to consider the effects of a merger by an industrial user of electricity
The president of the Energy Regulatory Office has withdrawn from imposing sanctions on a company that relied on data for a company acquired in a merger when applying for the status of an industrial user of electricity.
Privacy Shield has been in operation for a year, but will it continue?
The first year of functioning of the Privacy Shield programme will soon end. A review of the programme is scheduled for September 2017. It is designed to be a thorough verification of whether the programme meets the hopes pinned on it and effectively ensures adequate protection of personal data by American recipients of data registered for the programme. The review should also determine the future direction for development of the programme and identify areas requiring improvement.
Combating corruption as a legal obligation of enterprises
A new law introducing an obligation to establish anticorruption compliance procedures entered into force in France on 1 June 2017. The impact of the law may be broader than it might seem at first glance.
The Domestos bottle: Registration of three-dimensional trademarks
Recent case law from Poland and the EU shows that it is tough to gain protection for a 3D trademark in the form of the shape of a product. Maintaining the protection of such a mark may also be a problem.
Will public entities be more willing to settle disputes?
The “Creditors’ Package,” an overhaul of numerous acts, entered into force on 1 June 2017. Among other changes, it authorises public finance units to conclude settlements when certain conditions are fulfilled. This creates the hope for a more flexible attitude of public entities, open to dialogue with the private sector. But will this actually be achieved?
When is tax due on elimination of joint ownership of real estate?
Elimination of joint ownership is not always tax-neutral. This should be taken into consideration when deciding how to conduct the transaction.
Troublesome multiple royalties
The award of multiple hypothetical royalties provided for in Poland’s Copyright Act is the subject of numerous debates and various rulings by the Constitutional Tribunal and the Court of Justice of the European Union.
Contractors’ clarifications and retention of bid bonds
The regulation on retention of a contractor’s bid bond has not uniformly interpreted. Two different views have developed in the case law and the legal literature on the situations when the contracting authority can apply this sanction.
Conversion of debt to equity and sale of assets as mechanisms for restructuring public companies
Can public companies and others operating on a large scale and needing to restructure their debt take advantage of in-court restructuring using the mechanisms in the Restructuring Law?
Reservation of title to sold goods
Reservation in the sales contract of ownership of the goods until full payment of the purchase price by the buyer increases the security of a supplier of raw materials and semi-finished products to a customer threatened with insolvency.
The position of the security agent in in-court restructuring proceedings
What banks should pay attention to when granting consortium financing or considering restructuring of consortium debt.
Pre-packaged insolvency: A new debt recovery tool for financial institutions in Poland?
The pre-packaged insolvency (“pre-pack”) may become an effective debt recovery tool for financial institutions who are secured creditors, when the debtor is insolvent and the lender seeks to quickly cash out its collateral at the best price. This can also apply when in-court restructuring proceedings for the debtor are commenced but then discontinued.
