most interesting rulings | In Principle
Go to content
News from Poland
banking & finance
insolvency and restructuring
changes in law
most interesting rulings
procedure in Poland
practical M&A guide
Find what you need in over 1,000 articles
Enter terms here
Subscribe to newsletter
In principle newsletter subscription form
most interesting rulings
European Court of Human Rights
Careful with seizing an automobile as security
Acquittal of a drunk driver does not exclude civil liability
New rulings on liability for online comments
Grzelak v Poland
Can a forest interfere with sale of a residential unit?
Simplistic criticism of German ruling in ECB case only helps anti-EU populists
EU constitutional order forged before our very eyes
Can a figurative trademark also be a position trademark?
Jurisdiction in cases involving international construction contracts under the recast Brussels I Regulation
Multinational companies can be liable for environmental harm caused by their subsidiaries
What does the Arctic Sunrise award mean for the environment?
A defective bank guarantee does not constitute a bid bond
When is offering a litre of juice an unfair market practice?
Air carriers' liability for flight delays under the latest rulings from the ECJ and US courts
Investors may review expert reports on the effect of electrical connections
Protection for renowned trademark Botox
Reindeer released into the wild
National Appeals Chamber
Tales from the National Appeal Chamber: How to explain a bid price when requested by the contracting authority?
Tales from the National Appeal Chamber: A contest entry inconsistent with the Public Procurement Law or the contest rules will not be considered
Tales from the National Appeal Chamber: Grave professional misconduct must be caused by the contractor
Tales from the National Appeal Chamber: Can a discrepancy in a bid price between figures and words be treated as a typographical error?
Tales from the National Appeal Chamber: When can a performance bond exceed 5% of the total bid price or the value of the contracting authority’s liability?
Tales from the National Appeal Chamber: Change in the composition of a consortium during competitive dialogue
Tales from the National Appeal Chamber: The specialised nature of medical procurements justifies tougher conditions for participating in tenders
Tales from the National Appeal Chamber: Protection of trade secrets in public procurement
Tales from the National Appeal Chamber: Differences between material and immaterial defects during handover of construction works
Tales from the National Appeal Chamber: Non-statutory grounds for in-house procurement?
Tales from the National Appeal Chamber: A contractor may freely allocate the value of individual parts of a lump-sum fee
Tales from the National Appeal Chamber: The contracting authority must create equal conditions for all contractors
Tales from the National Appeal Chamber: Proper calculation of the three-year exclusion period for breach of an earlier contract
May a contractor whose offer is rejected appeal to the National Appeal Chamber?
Tales from the National Appeal Chamber: Consequences of imprecise description of conditions for participation in contract award procedure
Tales from the National Appeal Chamber: Submission of a bid bond by a consortium
Tales from the National Appeal Chamber: Proper self-cleaning by contractors
Tales from the National Appeal Chamber: The contracting authority must not abuse a summons seeking clarification of an abnormally low price
Tales from the National Appeal Chamber: Does the contractor suffer the consequences of an error in the documentation by the contracting authority?
Tales from the National Appeal Chamber: A contractor does not have to submit documents issued by the contracting authority
National Appeals Chamber (KIO) stories: how the KIO was fooled with regard to an electronic signature
The scope of authority of the representative of a foreign undertaking in a Polish branch
First ruling on legal remedies by National Appeal Chamber since overhaul of Public Procurement Law
Offers may be evaluated on the basis of a presentation made after opening of the bids
The convenience of the procurement procedure does not justify departing from the law
Supreme Administrative Court
Distinctive character of a trademark
When a residential part of a building becomes a hotel
The Domestos bottle: Registration of three-dimensional trademarks
Planning and environmental damage
Review of rejected claims against the General Directorate for National Roads and Motorways under the special act for road construction subcontractors
Electronic signature doesn’t work in administrative court
Not every contamination is environmental harm
Citizen standing to object to trademark registration
Building permit may be issued even after construction is completed
Court rules on stay of enforcement of environmental decision
May products be marked with national symbols?
Pursuing claims for the tort of selective payment of creditors as an alternative method of securing the interests of creditors overlooked by the debtor
How to properly formulate a fraudulent transfer claim against a third party: Conclusions from Supreme Court of Poland rulings
Defects and payment: Handover dilemmas
Liquidated damages in construction contracts not only for works: New resolution of the Supreme Court
Do I really own my parking spot? On the use of common property in housing communities
Claims for procurement damages following Supreme Court resolution III CZP 16/20
Statute of limitations runs anew after postponement of payment: A new resolution of the Supreme Court
Will the Supreme Court resolve the problems with settlement attempts?
Differently in the handover protocol than in the contract: No defects as a condition of payment
Pro rata condition in insurance policy held ineffective
A few words on setoff
Combining contractual penalties for repudiation and delay?
Contractual penalty for late payment or non-payment to subcontractors permissible
Omegatiming is only for Omega. But what about megatiming?
The creditor’s inappropriate attitude can save the debtor
A contributory role in contributing. When might an error made by a representative lead to a decrease in the amount of damages due?
Strict time limits in construction work contracts
Guarantee agreements in Supreme Court jurisprudence
Supreme Court judgment will not benefit all cartel participants
Where the outcome of one case may determine how the next one is adjudicated
Is an unexamined complaint an approved complaint?
An enforcement clause can be issued for a ruling against a bankrupt company
Courts get closer to plaintiffs
Supplementation of documents in procurement proceeding and retention of bid bond
When does the appointment of a member of a supervisory board of a joint-stock company end?
The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer
Supreme Court stands up for owners of apartment buildings and communal tenants
How to resign from the management board and be sure it’s effective?
FIDIC: Is the contract engineer an agent for the investor?
One resolution, many doubts
How precisely should a licence for use of an industrial design be worded?
After a judgment is set aside on interlocutory appeal to the Supreme Court, the case can be reconsidered by the very same judges
If contractors aren’t sure, are they required to speak up?
Can a foreign company be summoned to attempt settlement negotiations in Poland?
Refund of bid bond may be sought before civil court
Principles of social coexistence = good practices
Supreme Court hands down three rulings on construction of wind farms on non-owned land
Not all bank guarantees are created equal
How the size of a workplace union affects its entitlements
Who can sign the statement of claim in a class action suit?
Sale of real estate under threat of execution
Compliance of the French procédure de sauvegarde with Polish public policy
Company not criminally liable for an offence by the management board
Direct payments to farmers are not "grants" but attempting to obtain them improperly may be punishable as fraud
Salary cut for protected employees
Notary need not check a document before confirming the signature
Damages for unlawful nationalisation may be sought through the courts
Perpetual usufruct and public reliance on land and mortgage registers
Magnesium and vitamin B6 may be good for stress, but not for everyone
Must a notary know foreign languages?
Damages for online copyright infringement
Licence for an unlimited time in the assessment of the court
Market leader: can there be more than one?
Offence of fraudulent encumbrance of assets to frustrate satisfaction of creditors
Selective payment of creditors can be a crime
The existence of a directors and officers liability policy is not sufficient to assert a direct action against the insurance com
Lack of due diligence is not an unlawful act
The colour game: pink as a trademark
Troublesome multiple royalties
Bank enforcement titles are unconstitutional: What next?
Converting perpetual usufruct into ownership: Unconstitutional giveaway from local governments to private businesses
Tribunal strikes high fees for judicial review in public procurement cases
High fees for review of National Appeal Chamber rulings are constitutional
An end to evidentiary privilege for funds in relations with consumers
Compensation for more nationalised real estate in Warsaw
Evidentiary privileges for banks?
The future of corrections in the press
Union officials protected under fixed-term contracts
Better to file petition to enforce claim before the debtor is declared bankrupt
Court may not decide on its own about impartiality of judges
European Court of Justice
US secondary sanctions: The Court of Justice interprets the EU Blocking Statute
Should the appearance of a bicycle be subject to copyright protection?
Testarossa: The ins and outs of genuine use of a trademark
The shape of Ritter Sport, and other chocolate disputes
What will YouTube not tell you about an intellectual property infringer?
End of the road for the secondary market in e-books and video games?
Must car-rental companies pay royalties to collective management organisations?
Is a warehouse operator responsible for storing counterfeits?
If you use a trademark in Spain, you are also using it in the European Union
In-house procurement may not be compatible with EU law
ECJ ruling on FX mortgage loans in Poland: Is it really a breakthrough?
Type of trademark and evaluation of its genuine use
Court of Justice on the rule of law: Analysis of the judgment
Tic-Tac prevails in dispute over MIK MAKI dragee container
No supplementary protection for a new form of an active substance
The Court of Justice of the European Union (CJEU) did not determine whether rule of law is breached in Poland
Louboutin wins case to defend red-soled shoes as a trademark
The Commission pushes forward on intra-EU investment protection
European arrest warrant and determining whether rule of law is observed
Polish wind farms before the Court of Justice of the European Union
A design determined by product function
CJEU on transparency of medicine registration data
BITs between member states breach EU law
Repair clause in disputes over replacement parts
Prohibition of online sales of luxury products?
Transferring the registered office of a Polish company abroad does not require the company to be liquidated in Poland
Coordination of commercial policy and exhaustion of trademark rights
Are bilateral investment treaties between member states compatible with EU law?
A contractor’s experience means work actually done with the contractor’s involvement: A controversial ruling?
Uber: transport services, not e-commerce?
If a national licensing system is inconsistent with EU law, sanctions cannot be imposed for violating that system
When the agent’s principal drives clients away
Troublesome multiple royalties
Relying on third-party capacity to make the shortlist
In promoting foods, only the consumer’s interests count
Redress of damage from infringement of intellectual property rights
Conditions for lending resources must reflect the subject matter and purposes of the procurement
Damages for moral losses from infringement of intellectual property rights
Court of Justice: No legal connection between national leniency programmes and ECN model programme
Contact lenses are not cosmetics
Protection of highly distinctive trademarks
End of the Safe Harbour programme: What next?
When the meaning and pronunciation of words in a trademark are relevant
Lego manikin joins Rubik’s Cube
Three stripes prevail over two
New criterion for evaluating product safety
Using someone else’s database
Arabic for “Coke”? Master Cola isn’t it
What a difference a minute makes: To receive or not receive compensation for a flight delay
Buying on the cheap is no crime—at least not under TFEU Art. 107
Province Administrative Court
Change of the use of a building for residential purposes and conversion of perpetual usufruct into ownership
Over-the-counter drugs can’t be sold in mobile shops
The condition of possession applied only to legal successors of the prior owner of Warsaw property and became irrelevant after 1946
Distinctive character of a trademark
Can colour be a trademark?
Ecological NGOs are capable of more and should do more
No income recognised on in-kind contribution to partnership
When is income on currency options recognised?
Tiffany to shoemaker: don't tread on me