| In Principle

The principle of transparency and certainty of terms are essential for ensuring fair and efficient trade, particularly within the public procurement sector. A case currently before the Court of Justice of the European Union (C-82/24), in which we have the privilege of representing the contractors, underscores the dangers of interpreting contractual terms unpredictably after a contract is awarded, and issues that can arise if governing law is applied inconsistently or arbitrarily to public contracts, disregarding the principle of party autonomy. The opinion issued in the case by Advocate General Sánchez-Bordona explains how EU law can safeguard contractors by preventing such risks.

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.

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.

The European export control regulations divide dual-use technology transfers into two main categories: technology exports and provision of technical assistance. Understanding the differences between the two is essential for complying with export controls.
 

Influencer marketing is one of the fastest-growing promotional channels. It allows marketers to reach a wide group of recipients. According to a report from Influencer MarketingHub, the global value of influencer marketing topped USD 21 billion in 2023, and was expected to reach USD 24 billion in 2024. The success of a campaign does not depend solely on choosing the right influencer. A key element is a carefully prepared contract adequately protecting the interests of the parties and ensuring proper implementation of the objectives of the campaign.

For many years, contractors have been required to submit a European Single Procurement Document (ESPD) during the course of procedures for award of public contracts in Poland. But the way this form should be completed still raises doubts among contractors and contracting authorities. An example is the question about incidents of early termination of previous contracts. Contractors aren’t sure whether their response to this question should indicate only situations meeting the conditions for exclusion set forth in Art. 109(1)(7) of the Public Procurement Law.

For our readers and authors, our wish is time flowing at a gentle pace. With your nearest and dearest (human and non-human), far away from the computer screen. We will return in the New Year.

According to the European Pet Food Industry Federation, in 2022 there were 8 million dogs in Poland, the 6th-highest number in Europe. The growing popularity of pets is noticeable. If you’re out walking your dog, morning or evening, it might seem nearly every person you pass is also walking their dog. More than 68% of dog owners humanise their pets and regard them as members of the family. This trend is affecting the market for pet products and services. The pet industry in Poland is growing rapidly, and this includes veterinary healthcare services.