ARTICLE · 21 DECEMBER 2017

"New Regulations Having Impact On Claims Enforcement By And Against Polish State-Owned Entities"

Wolf Theiss

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It is highly criticized that the General Counsel can act also on behalf of commercial companies partially owned by the State Treasury selected at the discretion of the Government.

PolandLitigation, Mediation & Arbitration

In Poland the General Counsel to the Republic of Poland (Prokuratoria Generalna Rzeczypospolitej Polskiej) is responsible for representing the interests of the State Treasury before the courts. Until recently, the General Counsel was only obliged to represent central authorities of the State Treasury in disputes exceeding the value of PLN 1,000,000 (approx. EUR 250,000).

By way of provisions in the new Act on the General Counsel to the Republic of Poland, which came into force on 1 July 2017, the General Counsel has been given a broader mandate to represent all entities within the State Treasury, as well as commercial entities where the State Treasury is a shareholder.

The new law broadened not only the competences of the General Counsel but also extended the obligation to represent the State Treasury to every organizational unit of the State Treasury as well as various government administration bodies (around 600 new entities, such as e.g. Polish National

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