Who can sign the statement of claim in a class action suit?
Only an adwokat or legal adviser may sign the statement of claim in a class action suit, the Supreme Court of Poland has held in a resolution clarifying the Class Actions Act. A statement of claims signed by anyone else will be rejected by the court.
Sale of real estate under threat of execution
A debtor can be guilty of hindering enforcement of a court order even when the order does not exist yet.
Compliance of the French procédure de sauvegarde with Polish public policy
The Supreme Court of Poland held that recognition of French procédure de sauvegarde in Poland – one of the proceedings to which Regulation No. 1346/2000 applies – leads to a result that is consistent with Polish public policy.
German court could decide on access to antitrust leniency files by injured party
The European Court of Justice has held that it is up to the national courts to determine whether and how to provide access to files generated under leniency programmes by injured parties seeking damages for violation of competition law.
The existence of a directors and officers liability policy is not sufficient to assert a direct action against the insurance com
The Warsaw Court of Appeal has held that an insurance company may be liable for a loss caused by an insured as a member of a corporate management board only upon compliance with certain formal conditions.
May counterfeit and pirated goods in transit through the EU be seized and destroyed?
The European Court of Justice has clarified its holdings on the issue of transit of infringing goods through EU territory.
Lack of due diligence is not an unlawful act
A management board member’s failure to apply due diligence does not result in liability to the company without a specific unlawful act causing injury to the company.
Company not criminally liable for an offence by the management board
A collective entity may not be held responsible for a crime committed by the members of its managerial authorities.
Direct payments to farmers are not "grants" but attempting to obtain them improperly may be punishable as fraud
The Polish Supreme Court has held that payments under the EU’s Common Agricultural Policy are a form of financial support, and an attempt to obtain the payments under false pretences is a form of “capital fraud” under the Polish Penal Code.
Salary cut for protected employees
An employer may reduce the salary of an employee who works reduced hours instead of taking childrearing leave, the Polish Supreme Court ruled in the judgment dated 12 May 2011 (Case No. II PK 6/11).
eBay on the blacklist
On 12 July 2011 the European Court of Justice issued a judgment concerning the use of trademarks on internet auction sites (L’Oréal SA v eBay International GmbH, Case C-324/09).
Notary need not check a document before confirming the signature
When confirming the signature on a document, a Polish notary is not required to review the lawfulness of the document itself—particularly in the case of documents from abroad or in a foreign language.
