| In Principle

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.

In an ideal world, members of corporate boards should be elected with respect for the interests of as many shareholders as possible, including minority shareholders. It is customary that when any shareholder or group of shareholders has a stake in the company sufficient to choose at least one member of the supervisory board, the majority shareholder should solicit from them a proposal to put forward at least one candidate to ensure adequate representation on the supervisory board. If this does not occur, the law allows shareholders to request that voting for the supervisory board be conducted in separate groups. This procedure is designed to protect the interests of minority shareholders.

On 11 September 2024, a panel of seven judges of the Supreme Court of Poland issued a resolution in case no. III CZP 65/23 regarding the settlement of claims within the motor insurance market. The ruling involves the possibility of using cost estimates to determine insurance claims when it is no longer possible to actually repair the vehicle. In December 2024, the Supreme Court published the justification for the resolution and the motives for its ruling.

On its website, the Polish Financial Supervisory Authority (KNF) has announced that it plans to repeal the current recommendations and guidance for financial institutions on managing IT and cybersecurity, covered by the EU’s DORA regulation.

The EU’s General Product Safety Regulation will start to apply in Poland on 13 December 2024. The GPSR will replace the product safety regulations now in force, and apply to many types of non-food consumer products. It sets general safety standards for all categories of consumer products for which more specific standards are not provided in other laws. Adapting to the changes will require relabelling of consumer products, among other efforts. But inspections and sanctions will have to wait for legislation by the Polish parliament.

Foreign direct investment contributes to the growth of the economies where foreign money is invested, but can also undesirably interfere with resources of strategic importance to the functioning of the host country. In difficult times, security issues come to the fore at the national and EU levels, and protectionist tendencies rise. In recent years, the best example is implementation of regulations on control of FDI in the laws of various European countries (as reflected in the latest update to the procedural guidelines issued by the Polish competition authority).

The July 2023 amendment to Poland’s civil procedure rules made a big change in the filing fee on a fraudulent-transfer claim against a third party. Now, if the amount in dispute at the first instance or on appeal exceeds PLN 20,000, the fee will be capped at PLN 1,000. There is one condition: the creditor must hold specific legal proof of its claim against the debtor. Previously, the fee on such a claim could run as high as PLN 200,000.