Basic business intelligence in Poland

14.08.2017

Starting a new business or establishing relations with other businesses always carries with a certain degree of risk. Thus an extensive legal background check of a prospective business partner will usually be advisable. The question is what is the reasonable scope of such a check and what sort of information may be obtained from public sources.

If a national licensing system is inconsistent with EU law, sanctions cannot be imposed for violating that system

27.07.2017

In a judgment issued on 22 June 2017 the Court of Justice took a negative view of the Hungarian system of licences for operation of online gaming. The judgment was preceded by an opinion by Advocate General Maciej Szpunar providing an excellent example of reasoning in cases involving restrictions imposed by EU member states on the freedom to provide services.

How to justify an abnormally low price to the contracting authority?

27.07.2017

In public procurement procedures, contractors are often called on to justify the price they offer. If the explanation is too general or imprecise, the offer can be rejected.

New approach to pursuing private claims for damages for infringement of competition law

06.07.2017

An act seeking to strengthen the position of private claimants seeking damages for violation of competition law entered into force in Poland on 27 June 2017. A wave of articles have washed through the legal and business press with nearly identical titles stressing that it will be easier to win damages for losses caused by anticompetitive arrangements. But is that really the case? It will certainly be easier to try.

Unlawful acts of public authority

29.06.2017

The issue of unlawful acts and omissions generates some of the greatest controversy in the case law surrounding claims for damages against public authorities. It requires proof from which the court can conclude that a specific act or failure by public bodies was contrary to law.

Damages for legislative unlawfulness

29.06.2017

If injury is caused by a defective normative act, it may be unclear where to seek damages—from the State Treasury or from local government—particularly in cases where the actions of these defendants may not be regarded as unlawful.