Market leader: can there be more than one?
In times of fierce market competition, it is becoming increasingly attractive to construct advertising campaigns that contain superlatives, in particular regarding market leadership.
Electronic signature doesn’t work in administrative court
Poland’s Supreme Administrative Court has held that under current law it is impermissible to file papers with the administrative courts electronically using a secure electronic signature.
A defective bank guarantee does not constitute a bid bond
The failure to identify the guarantor in the wording of the bank guarantee prevents the contracting entity from recognising the bid bond as properly paid. An error of this type cannot be cured by way of interpretation.
Tribunal strikes high fees for judicial review in public procurement cases
For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases.
Can a foreign company be summoned to attempt settlement negotiations in Poland?
Sometimes when the same case is presented to different courts, the courts take mutually exclusive positions. This was what happened in the case of an Italian company summoned to attempt settlement negotiations in Poland.
When is offering a litre of juice an unfair market practice?
On 11 February 2014 the Warsaw Regional Court issued a long-awaited ruling demonstrating the current approach of the Polish courts to the sensitive issue of how to designate promotional prices for goods.
Refund of bid bond may be sought before civil court
The Supreme Court has ruled that cases seeking refund of a bid bond lie within the jurisdiction of the civil courts, finally resolving doubts surrounding the legal recourse a contractor should follow to reclaim a deposit retained by the contracting authority.
High fees for review of National Appeal Chamber rulings are constitutional
In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.
Principles of social coexistence = good practices
According to the Supreme Court, a shareholders’ resolution inconsistent with principles of social coexistence violates good practices under Art. 249 §1 of the Commercial Companies Code.
Offence of fraudulent encumbrance of assets to frustrate satisfaction of creditors
Sham encumbrance of assets to convince third parties of non-existent legal consequences may constitute a crime. Incurring fictitious obligations is an example.
Selective payment of creditors can be a crime
Arbitrary, selective payment of only certain debts may result in criminal liability of the debtor, including in a case where it is only threatened with insolvency, if such action exposes other creditors to a loss.
Supreme Court hands down three rulings on construction of wind farms on non-owned land
In three recent cases, the Supreme Court of Poland has addressed issues surrounding construction of wind farms on land owned by another party.
