Wojciech Marszałkowski: articles by this author

Will Polish courts have faith in trusts?

In recent years, EU law has been generally the route through which Western models and ideas have been introduced into Polish law. Europe has decidedly much more to offer us, but with regard to certain legal institutions, we have to reach out for them by ourselves. One of them, which is ever more boldly knocking on our door, is a concept of trust. Will it be greeted in Poland with joy?

Buying on the cheap is no crime—at least not under TFEU Art. 107

In the SARC case, the Court of Justice of the European Union has held that an advantageous licence from a public university does not necessarily constitute impermissible state aid. The case also provides important guidelines on when an undertaking may seek to annul a decision by the European Commission finding that a competitor has not received impermissible state aid under TFEU Art. 263.

The spectre of having to return state aid

Failure to comply with the rules for award and use of state aid may result in the recipient being required to pay back the money. But the law provides beneficiaries of aid opportunities to defend their position on several fronts.