Better to file petition to enforce claim before the debtor is declared bankrupt
Sometimes creditors put off commencing an action to enforce a claim when it could worsen the debtor’s financial position. As a result, they must wait until the bankruptcy proceeding is over before filing suit.
Not every use of a trademark is sufficient to maintain registration rights
Placing a trademark on items given free-of-charge to customers does not constitute “genuine use” of a trademark required to maintain the registration.
A long way home
Cases seeking restitution of real estate in Poland lost through post-war agricultural reforms can stretch out for years.
First judgment in favour of a customer who lost money on currency hedging
The court held that the bank misled the customer by failing to warn of the risk associated with currency forward contracts. But each claim must be considered on a case-by-case basis.
Izabela Zielińska-Barłożek: Prison for pollution
An interview with Izabela Zielińska-Barłożek, a partner at Wardyński & Partners who directs the Environmental Law practice group
Fiscal Penal Code before the Constitutional Tribunal
Can advertising of companies conducting gambling activity properly be outlawed? wonder Adam Studziński and Radosław Teresiak, tax advisers from Wardyński & Partners.
Grzelak v Poland
The failure to offer ethics classes in Polish public schools, resulting in absence of a grade for this subject in the student’s transcript, constitutes unlawful discrimination on religious grounds, the European Court of Human Rights has held.
Court may not decide on its own about impartiality of judges
Barring an interlocutory appeal from an order of an appellate court denying a motion to recuse a judge is unconstitutional.
Flag an air cab?
What are the rights of passengers using air taxis, and what duties do carriers have when providing this service? These issues are explored by Paweł Mazur, an adwokat who is of counsel to Wardyński & Partners.
Tiffany to shoemaker: don't tread on me
A renowned trademark may be protected in Poland even if the mark is not used or registered here.
Land and mortgage registers available online
From 16 June 2010 it is no longer necessary to stand in line at the land and mortgage register court. The Polish Ministry of Justice has created free, universal access to allow the public to review land and mortgage registers in electronic form.
Easier to legalise unlawful construction
In places where there is no local zoning plan in force, planning permission is sufficient to legalise a structure built without a permit—regardless of when the planning permission becomes legally final.
