| In Principle

In its lofty aims and declarations, the EU’s Artificial Intelligence Act clearly calls for human oversight of AI systems. But drilling down to the particular duties of entities using AI systems, the AI Act isn’t so clear. This article seeks to outline the key challenges in this context facing providers and users of AI systems.

The Agricultural System Act introduces a number of restrictions and obligations related to trading in agricultural property in Poland. Thus it is vital to define precisely what agricultural property is. Incorrect classification of property may render the transaction defective. Below we discuss the definition of agricultural property in light of the Agricultural System Act.

The procedure for obtaining approval for acquisition of agricultural property is highly formalised. Not every entity is eligible to acquire agricultural property. For example, this cannot be done by a commercial company interested in starting agricultural activity. Additionally, strict requirements have been enacted governing the price at which the vendor can offer agricultural property for sale.

The current provisions have greatly restricted the possibility of trading in agricultural property, introducing a number of requirements that must be met before acquiring such property. But it doesn’t end there. The Agricultural System Act imposes a number of obligations on the owner following the acquisition.

Before any transfer of shares in companies, it is essential to analyse the transaction in the context of the restrictions on share trading under the Agricultural System Act. If any of the subsidiaries holds an agricultural property (of at least five hectares), it may be necessary to notify the National Support Centre for Agriculture. Failure to notify the transaction will invalidate the transaction.

The primary stated purposes of the Agricultural System Act of 11 April 2003 are to strengthen family farms in Poland, ensure the country’s food security, and promote sustainable agriculture with an emphasis on environmental protection. Therefore, the act imposes severe sanctions for violation of its provisions: nullity of the transaction or forced buyout of the agricultural property.

As of 1 January 2025, Poland requires separate collection of textile and clothing waste. In most communes, no new waste receptacles have been installed for this purpose, but failure to comply is subject to punitive fees.

The EU’s Artificial Intelligence Act prohibits certain particularly harmful AI practices. These provisions will begin to apply from 2 February 2025. Non-compliance can attract an administrative fine of up to EUR 35 million or, in the case of a company, up to 7% of its total annual worldwide turnover from the previous fiscal year, whichever is higher.

As of 1 January 2026, every new multifamily development will have to allow for operation of an emergency shelter. Civil defence authorities will also have to designate which existing or planned structures can serve as shelters, hiding places, and sites of emergency refuge.

An investor seeking to build on a site must have the right to use the property for construction purposes. If the project includes for example building or rebuilding utility lines in a road right-of-way, can the right to use the property for this purpose be based on a decision authorising occupation of the right-of-way?

Members of a company’s management board can be jointly and severally liable for the company’s obligations, including public-law liabilities, such as repayment of public funds granted for project financing. This liability can apply to both active and former members who were in office when the obligations arose. It is worth remembering when members of the management board can be held liable for the company’s obligation to repay financing, and the steps they can take to avoid this liability.

In environmental law, December 2024 was a month of many landmark changes. On 18 December, the legislative process for amending Poland’s deposit-refund scheme finally came to an end. And on 16 December the Council of the EU formally adopted the Packaging and Packaging Waste Regulation.