The Legal 500

Poland

Editorial

Legal market overview

Growing frustration with the waiting game in the Polish energy sector, as the government delays in issuing new guidance, led to the exit of two international energy companies from the market in 2013; Iberdrola and Dong Energy withdrew from the market, with PGE and Energa acquiring the Polish assets of both companies. There has also been a flurry of activity in the private healthcare market, including BUPA’s acquisition of the Lux Med Group, by way of international auction.

This year sees the addition of a Restructuring and insolvency section to the chapter, to cover some of the legal work arising from the country’s ongoing economic challenges. Elsewhere, the Polish dispute resolution market remains buoyant, due in part to continuing difficulties in the construction sector, while the uncertainty created by the changes to the pensions regime has had an impact on stock exchange fundraisings.

In terms of significant lawyer moves, Piotr Gałuszyński left White & Case P. Pietkiewicz, M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k. to head the banking and finance team at Kochanski Zieba Rapala & Partners, with fellow partner Jacek Czabański also joining. Greenberg Traurig Grzesiak sp.k. saw a number of departures, with Paweł Bajno moving to Norton Rose Fulbright, and Piotr Szelenbaum, Maciej Zalewski and Daniel Kaczorowski bolstering the team at White & Case P. Pietkiewicz, M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k..

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Legal Developments in Poland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Hosting service providers at gunpoint of the financial "sharks"

    Can you fully control the Internet?
  • Trade secret - controversies

    Jurisprudence has provided two different decisions in identical case matter, namely the contracting authority's right (or the lack thereof) to disclose information regarded as a trade secret by the economic operator. The regional court in Łódź decided in 2004 that the contracting authority is bound by the economic operator's stipulation regarding confidentiality of some of the information contained in the offer. It may accept it or may reject the offer, but it has no right to disclose it. In 2005 the Supreme Court of the Republic of Poland declared something completely to the contrary in its resolution: the contracting authority has the right to disclose information which does not satisfy statutory conditions of a trade secret. Is the Supreme Court right and does its resolution constitute the final word in this matter? In my opinion, the resolution in fact only raises more doubts. 
  • Guernsey: new opportunities for Polish investors

    Since middle of May, a new act on LLP companies is in force in Guernsey, providing unique opportunities for tax planning.  
  • Bitcoin – rebellion against the banking system

    Creation of something out of nothing, based on nothing, guaranteed by no one, persuading people that this something is worth anything - we wonder how much longer it will last and how many people will be worse off because of it.
  • Revolution in liability towards companies under the statutory warranty

    New rules of statutory warranty bring longer deadlines and significantly alter the buyer's rights.
  • Can job’s applicant lie?

    An employee or job applicant has the right to refuse to provide certain information. For example, a woman doesn't have to admit she is expecting a baby. Neither does she need to reveal what her father or husband does.
  • Forms of conducting business activity in Poland

    Business activity in Poland may be conducted in forms similar to those found in other European countries. Available types of business activity include: 1.1 commercial companies comprising: 1.1.1 corporations (limited liability company and joint-stock company); 1.1.2 partnerships (general partnership, limited liability partnership, limited partnership, limited joint-stock partnership); 1.2 branch offices of a foreign company; 1.3 representative offices of a foreign company; 1.4 individual business activity (also as part of a civil partnership). Cooperatives, associations, foundations and cross-border vehicles such as the European Company, or the European Economic Interest Grouping, which may also be used in conducting business in Poland, are not covered by this study. Read the full study here , prepared at the request of Polish Information and Foreign Investment Agency (PAIiIZ).
  • A new Restructuring Law on the way

    The Committee for Preparation of Amendments in the Bankruptcy and Restructuring Law, which was appointed by the Ministry of Justice, has recently prepared guidelines for the bill of a new restructuring law. It should be underlined that restructuring proceedings (often confused with bankruptcy proceedings) concern only entrepreneurs threatened with insolvency, but not yet insolvent, and the purpose of them is to make such entrepreneurs capable of conducting business activity.
  • Protection of economic copyrights in Poland

  • Proper and improper sponsorship under Polish Law

    Because it has never been clearly defined in any legal regulations, sponsorship can be classified in different ways from the tax point of view. 

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