most interesting rulings | In Principle

The engineer’s task is to take necessary measures to ensure that the contract is performed correctly and on time. But not all actions by the engineer will directly affect the investor’s own rights and obligations.

The Supreme Court has ruled that it is impermissible to issue a commercial proxy to one person allowing the proxy to act only jointly with a member of the management board. What does this ruling mean for companies that have already issued such proxies?

Contracts are signed expecting the worst. The provisions should be precisely formulated, particularly when a failure to be explicit can lead to application of rigid statutory provisions instead. When a dispute arises, the court’s interpretation of the parties’ intent may differ from the literal wording of the contract.

Poland’s Constitutional Tribunal has held that bank enforcement titles are contrary to the Polish Constitution because they violate the constitutional principle of equality. Pursuant to this judgment, the relevant provisions of the Banking Law—Art. 96(1) and Art. 97(1)—will cease to be in force on 1 August 2016. The ruling is fundamentally important for the entire banking sector and for bank customers.

The Court of Justice of the European Union has held that the probability of a defect can make a product defective.

The panel of judges must be changed after a ruling is overturned and remanded for reconsideration only in the case of a ruling on the merits of the specific dispute. This is not the case for proceedings commenced by an interlocutory appeal to the Supreme Court on procedural issues.

Poland’s Constitutional Tribunal has held that regulations giving economic entities the right to demand conversion of perpetual usufruct of land into ownership violate constitutional principles of social justice and local government autonomy.

What is the scope of legal protection of databases? Can lawful users make unlimited use of them? Can the creator of the database limit access to it? The courts had to address these issues in a dispute between an airline and an operator of an online search engine for discount air tickets.

When examining the similarity of trademarks, the typeface in which verbal elements of the marks are written must be considered, the EU’s General Court ruled in a recent judgment on reputed trademarks.

The act of planning and preparation for a venture cannot be regarded as an “activity” causing an imminent threat of environmental damage.

In strictly defined instances a passenger has the right to compensation for a flight delay, but the law does not say exactly how the period of the delay should be calculated. The European Court of Justice recently answered this question.

Under some circumstances, questioning the terms of reference in a tender may be treated not only as a right but as an obligation of a professional contractor.