6
May

Judgment of the Constitutional Tribunal on municipal ordinances.

On 27 April 2022, in the case ref. no. K 12/20, the Constitutional Tribunal ruled that the provision of Article 40 clause 3 and clause 4 of the Act on Municipal Self-Government, to the extent to which it restricts the competence of the municipality to enact enforcement regulations only with respect to the matter in …

6
May

Resolution of the Supreme Court concerning the costs of bailiff enforcement.

On 26 April 2022 The Supreme Court, in a case under case number III CZP 91/22, adopted a resolution concerning the creditor’s incurring the costs of non-expedient initiation of enforcement in the case of filing a motion to initiate enforcement when the limitation period for the claim covered by the enforcement title has expired. According …

15
Apr

Win against the insurer in a precedential damages dispute

On the 4th of April 2022 the Regional Court in Łódź, changing an earlier verdict of the district court, as a result of an appeal filed by the Law Firm, has accepted a claim for compensation brought by the Law Firm on behalf of the Client (a company belonging to one of the largest capital …

15
Apr

Win in an anti-enforcement case worth over PLN 1,000,000

On the 18th of March 2022 the Regional Court in Bydgoszcz issued a judgment favourable for the Law Firm’s Client in a case regarding deprivation of enforcement title. The Law Firm Babiaczyk, Skrocki i Wspólnicy representing a Client – a company from the construction sector listed on the Warsaw Stock Exchange – in a case …

20
Mar

Amendment to the Energy Law

On 24 February 2022. The Sejm passed an amendment to the Energy Law. The purpose of the Act, according to its justification, is to supplement and clarify the provisions concerning the rules for connecting gas networks, the powers and obligations of gas network operators, the relationship between the owner of the gas transmission network and …

20
Feb

Important changes in the Commercial Companies Code

On 9 February 2022. The Sejm adopted an act amending the Act – Commercial Companies Code and certain other acts, which is to introduce provisions regulating the so-called holding law. In the Commercial Companies Code, the amendment adds a new section entitled “Group of companies”. This term is to be understood as a parent company …

20
Jan

Two resolutions of the Supreme Court on the functioning of public Corporation

In January 2022. The Supreme Court has adopted two important resolutions concerning practical legal aspects of the functioning of public limited companies and their bodies. According to the resolution of 20 January 2022, III CZP 17/22, it is not admissible to determine, pursuant to Article 189 of the Code of Civil Procedure, that a certain …

20
Jan

Supreme Court resolution on easements of land.

On 13 January 2022 The Supreme Court in the Civil Chamber in the case under the reference III CZP 14/22 adopted a resolution concerning the legal existence of land property in the situation of division and subsequent consolidation of real property. According to the resolution, after the division of the real estate with the owner …

20
Dec

Draft amendments to the succession law

On 16 December 2021, the Ministry of Justice published a draft law amending the Civil Code Act as regards inheritances. The draft provides for extending the grounds for declaring an heir unworthy of inheritance by the court to include the condition of evading maintenance obligations towards the testator and limits the liability of the State …

20
Dec

We win at the Voivodship Administrative Court in the planning fee case

On 17 December 2021 The Voivodship Administrative Court in Poznan, as a result of a complaint filed by the lawyers at the Firm, overturned in its entirety the decision of the Self-Government Appeal Court, which was unfavourable to the Firm’s Client, on the determination of the so-called planning fee in the amount exceeding PLN 600,000 …