most interesting rulings

New rulings on liability for online comments

The European Court of Human Rights has held that an NGO operating an online blog cannot be held liable for comments posted by internet users because the organisation quickly deleted the offending posts. Meanwhile, the Warsaw Court of Appeal has held the publisher of a news site liable even though it was not notified of the unlawfulness of comments before being sued. These new rulings provide an occasion for sharing a few remarks about online defamation.

When does the appointment of a member of a supervisory board of a joint-stock company end?

The issue of determining when the appointment of a member of the supervisory board of a joint-stock company ends in connection with the expiration of the term of office has been the subject of doubts and disputes for some time. It was particularly problematic to determine when the appointment ends when the term of office does not coincide with the financial year. The Supreme Court of Poland recently addressed this issue.

First ruling on legal remedies by National Appeal Chamber since overhaul of Public Procurement Law

Poland’s National Appeal Chamber (KIO) issued an order on 5 September 2016 of great practical significance, applying new procurement rules on the permissibility of appeals by contractors interested in bidding for public contracts below the EU thresholds.

Relying on third-party capacity to make the shortlist

Based on a recent judgment of the Court of Justice of the European Union, the provisions of the Polish Public Procurement Law permitting reliance on third-party capacity to demonstrate fulfilment of selection criteria are consistent with EU law.

The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer

To charge an employer with paying social insurance contributions on the income of its employees earned under non-employment contracts with a third party, it is not enough to determine that the effects of the work benefit the employer’s overall corporate group.

In promoting foods, only the consumer’s interests count

The same requirements for nutrition claims and health claims prevail in communications targeted to specialists as in messages aimed at consumers. Consumer protection is the overriding priority.