Constitutional Tribunal

Troublesome multiple royalties

The award of multiple hypothetical royalties provided for in Poland’s Copyright Act is the subject of numerous debates and various rulings by the Constitutional Tribunal and the Court of Justice of the European Union.

Bank enforcement titles are unconstitutional: What next?

Poland’s Constitutional Tribunal has held that bank enforcement titles are contrary to the Polish Constitution because they violate the constitutional principle of equality. Pursuant to this judgment, the relevant provisions of the Banking Law—Art. 96(1) and Art. 97(1)—will cease to be in force on 1 August 2016. The ruling is fundamentally important for the entire banking sector and for bank customers.

Converting perpetual usufruct into ownership: Unconstitutional giveaway from local governments to private businesses

Poland’s Constitutional Tribunal has held that regulations giving economic entities the right to demand conversion of perpetual usufruct of land into ownership violate constitutional principles of social justice and local government autonomy.

Tribunal strikes high fees for judicial review in public procurement cases

For the second time this year, the Constitutional Tribunal has considered a challenge to the court fees for appeals against rulings by the National Appeals Chamber in public procurement cases.

High fees for review of National Appeal Chamber rulings are constitutional

In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.

An end to evidentiary privilege for funds in relations with consumers

Fund statements no longer have the status of an official document in the event of a dispute with a client.