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Legal market overview
The energy sector has been a lucrative source of instructions for Polish law firms recently, as planned changes to subsidies mean that energy producers have been eager to get their infrastructure online before the start of 2016. The government’s plans to reduce the country’s reliance on coal and imported gas also include the development of a nuclear power plant by 2025, which is already occupying several firms.
Real estate lawyers also had a busy year in 2014, not only because of energy-related work, but also in relation to the development of road and rail infrastructure, logistics facilities, office space and especially new retail sites. Polish real estate is a particularly attractive target for German and US institutional investors.
The legal market has been relatively stable, with few significant mergers or team moves, albeit DJBW was formed by the merger of Biedecki and Daniłowicz Jurcewicz i Wspólnicy.
Legal Business: country analysis
Breaking new ground – advisers hope shale revolution can restart CEE market
Weighed down by political unrest and slowing economies, energy and infra projects look like one area to be driving
the CEE economy. Can the shale revolution power up
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Authors: Szymon Gałkowski, Julia Fabisiak (Kochanski Zieba Rapala & Partners)
As the modern business services market continues to experience explosive growth in Poland, it is worth keeping in mind the legal issues surrounding practices related to monitoring of employees. The line between lawful and unlawful monitoring practices is at times unclear, and issues of personal data protection also must be kept in mind.
Personal data protection generates a large number of difficulties in the day-to-day activity of service centres. This results from the complicated processes surrounding the processing of personal data in international corporations and the unique nature of the BPO/SSC industry, but also from the restrictive requirements of Polish law regarding personal data.
New minimum wage act sets lowest hourly remuneration for workers at Euro 8.50 from 1 January 2015. This regulation will have crucial impact on undertakings from other countries providing their services in Germany. Foreign employers will have to comply with the new law and pay their employees staying in Germany at least Euro 8.50 per hour.
The practice of entering into double net or triple net lease agreements has become fairly common in the modern commercial property market in Poland. This means that a significant majority of the costs of the upkeep of the leased property are shifted to the tenant.
Can you fully control the Internet?
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.
Since middle of May, a new act on LLP companies is in force in Guernsey, providing unique opportunities for tax planning.
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.
VEGAS LEX is expanding cooperation with Russian book-publishing businesses. Its new client is a major and greatly respected publisher of educational material, Prosveshcheniye.
On April 27, 2015, VEGAS LEX was recognized in two new categories of Chambers Europe 2015, and a number of VL professionals were recognized on the world level.
On May 12-15, 2015, the Public-Private Partnership Development Institute organized a professional development program for Rostelecom staff on PPP projects. VEGAS LEX experts were invited to speak at training sessions.
Andreas Neocleous & Co LLC advised and assisted KKCG Group with its recent acquisition of an additioAndreas Neocleous & Co LLC advised and assisted KKCG Group with its recent acquisition of an additional 22.35% stake in the investment fund Emma Delta, which owns a 33% interest in the Greek lottery group OPAP. Following the completion of this transaction, KKCG will be the largest investor in Emma Delta, and will hold an effective stake of almost 14.8% in OPAP.
On Thursday, 26 March 2015, the French Competition Authority made a ruling (15-D-04) in a case involving an agreement between millers on a double concerted increase in the price of flour sold in bakeries in 2007. Of the twenty companies implicated at the end of the investigation, only three were ultimately penalised. CMS Bureau Francis Lefebvre represented the interests of Moulin de Sauret.- CMS
Igor Chumachenko,VEGAS LEX Partner and Head of the Real Estate, Land & Construction Practice, has spoken at a conference during the REX forum that focused on the legal and economic risks for developers.
Zavadetskyi Advocates represented the Ukrainian subsidiary of AXA Insurance in criminal investigations of USD 9 million and USD 1.2 million damage events with the insured assets in the war zone in Eastern Ukraine. Within the investigation procedures advocates of the bureau proved that the events are to be qualified as excluded from the insurance coverage. Following the investigations Zavadetskyi Advocates proceeded with representing the client in the ensuing commercial litigation.
The participants of the Korporativny Yurist magazine’s webinar discussed the structure of contractual relationships and dispute resolution practices in construction with VEGAS LEX expert Nikolay Andrianov.
SK Capital Partners, a US-based private investment firm with focus on the specialty materials, chemicals and healthcare sectors, has acquired a controlling interest in AEB Group, a global leader in wine ingredients with growing positions in beer ingredients and food detergents. Headquartered in Brescia, Italy, AEB Group operates a network of production facilities and laboratories throughout Europe and the Americas.
Valora has signed an agreement to sell Valora Warenlogistik AG to 7Days Media Services GmbH. Valora Warenlogistik includes Valora's activities in the warehouse and transport logistics sector in the German and Italian speaking part of Switzerland. The transaction is subject to approval by the competent merger control authorities.