Legal news


On 20th of October 2009 the Government adopted the Regulation referring to the so called “National system of green investments”.


The Supreme Court stated in the resolution of 15th Oct. 2009 (court file no I UZP 3/09), that members of the board of the limited liability companies are liable for debs of these companies as to fees and premiums for social insurance, the Labour Fund, the Guaranteed Labour Benefits Fund and for health insurance, also when the decision of the Social Insurance Agency (ZUS) concerning such a liability was issued after de-registering the company from the National Court Register.


October 9, 2009 was the last day to submit comments to the draft of changes to the Act on Supporting Innovative Activity.


On October 9, 2009 the Sejm adopted an amendment to the Act of December 6, 1996 on registered pledge and pledge register.


The Decree of the Minister of Labour and Social Policy (Dz.U. No. 174 item 1353) of October 8, 2009 introduced changes relating to calculation and payment of holiday pay.


On 8th of October 2009 there came into force a regulation of the Minister of Finance concerning periodical reports and current information on the financial activity and situation of investment societies and investment funds provided by these subjects to the Polish Financial Supervision Authority (Journal of Law no. 156, item 1234).


The new draft of changes to the Commercial Companies Code introduces a concept of “the group of companies with the joint economic interest”.


In the Parliament there takes place work on the draft changing the act of guaranteed by the State Treasury export insurances.


The Ministry of Finance plans changes in rules of defining income in virtue of private usage of the company cars.


The parliamentary committee “Friendly State” prepared a draft of changes in the Code Of Civil Procedure referring to information on bailiff’s auctions of real estates.


In its recent decision the President of the Office of Competition and Consumer Protection decided that one of the companies against which the President conducted proceedings had violated consumer interests by not informing the consumers about their rights to complain and so the company in question was burdened with a financial penalty.


Pursuant to the Polish Administrative Procedure Code, applications (understood as any kind of statements) i.a. motions may be filed with public administrative authorities not only in writing but also via e-mails. Applications filed in electronic form should bear a safe electronic signature verified with a valid qualified certificate.


Pursuant to the resolution of the Supreme Court adopted in September (court file no. II UZP 6/09), an employer shall pay premiums for retirement benefits insurance, pension insurance,  health insurance and accidents-at-work insurance due under a contract to perform a specified task or work if its employee performs work under such contract for the employer’s benefit while this contract has been concluded with a third party.


The Ministry of Internal Affairs and Administration has drafted an amendment to the Code of Petty Offences which provides that from January 1, 2011 it will be possible to pay a fine ticket with a bank card.


On September 24, 2009 the Sejm resolved on an amendment to the Act on Court Fees in Civil Matters.


On September 23, 2009, the Sejm examined for the first time the draft amendment   to the Act on VAT as drawn up by the Sejm’s committee “Friendly State” [Przyjazne paĹ„stwo].


On September 22, 2009 the Constitutional Tribunal decided that Article 49b item 2 of the Construction Act was in part contrary to the Constitution. Pursuant to the provision, in case there is no spatial development plan for a given area, the final decision on construction terms is necessary in order to legalise a construction without the permit.


On September 18, 2009 the Polish President signed an amendment to the Act on Polish Language. The amendment will come into force 14 days after its announcement.


On September 15, 2009 the Council of Ministers adopted the draft amendment to the provisions of the Civil Code relating to contracts on construction works. The draft provides i.a. for a possibility to request a guarantee from the investor at each stage of construction process, i.e. not only prior to commencement of performance under the contract but at any time.


From September 14 until October 9, 2009 takes place the last round this year to lodge motions with the Local Financing Institutions [Regionalne Instytucje FinansujÄ…ce]. The motions can be lodged by small and medium enterprises which start export activity. The Local Financing Institutions are a local partner of the Polish Agency for Enterprise Development, cooperating at implementation of programmes for small and medium entrepreneurs.

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