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Rooftop Solar Electricity Generation on Commercial Buildings – An Overview of Regulatory Issues

By Michał Smolny on Posted in Commercial, Energy, Infrastructure, Legislation, Real Estate, Renewable
Electricity prices are going through the roof and the continuing conflict in Ukraine does not bode well for imminent price decreases. Commercial property owners, aligning with the changing regulatory environment and listening to their tenants’ needs, are quicker to consider installing solar panels atop their commercial buildings. Certain regulatory issues should be considered before deciding … Continue Reading

New Polish Holding Law v. Holding Financing

By Michał Smolny on Posted in Civil Law, Commercial, Finance, Legislation, Legislation Update, Real Estate
On 9 February 2022, the lower house of the Polish parliament amended the Commercial Companies Code, introducing a parent company’s liability for any damage caused to a holding subsidiary. The amendment has also introduced a binding instruction as to the parent’s handling of the subsidiary’s affairs if the holding’s interest so dictates. The parent must … Continue Reading

Business Judgement Rule in Polish Commercial Companies Code – Opportunity or Necessity?

By Marcin Wnukowski on Posted in Commercial, Contracts
The amendment of the Commercial Companies Code (hereinafter “CCC”) to introduce holding law has already been discussed in our material Commercial Law Revolution in Poland – New Holding Law and Enhanced Corporate Oversight Mechanisms. However, as a continuation of this topic, we would like to touch upon one of its elements – the introduction into … Continue Reading

Commercial Law Revolution in Poland – New Holding Law and Enhanced Corporate Oversight Mechanisms

By Marcin Wnukowski on Posted in Commercial, Corporate
The need to regulate the so-called “holding law” within the commercial law has raised much controversy for some time now. Unlike certain foreign legal frameworks, the Polish law had been functioning with merely fragmentary regulations in that regard – legal scholars had been debating the purpose of introducing such solutions to the Polish Commercial Companies … Continue Reading

Poland: Guidelines for Use of Retail and Hotel Facilities Upon Expected Lifting of Certain Trade Restrictions on 4 May 2020

By Michał Smolny on Posted in Commercial, Real Estate
The Polish government announced that on 4 May 2020, shopping centres, hotels, and DIY and furniture stores will be opened to the public subject to certain conditions and restrictions. Below, we highlight the guidelines published by the Polish Ministry of Regional Development for retail and hotel facilities.… Continue Reading

Polish Competition Authority Shows Areas of Attention During COVID-19 Epidemic

By Marcin Wnukowski on Posted in Commercial, Competition, Corporate
On April 15, 2020, the Chair of the Polish Competition and Consumers Protection Authority (UOKiK), Mr. Tomasz Chróstny, delivered a speech defining UOKiK’s main focus areas amid the coronavirus disease 2019 (COVID-19) epidemic. In a 90-minute address, Mr. Chróstny defined the areas of particular attention for UOKiK in the wake of the COVID-19 crisis.… Continue Reading

Polish Competition Protection Authority Cracks Down on Late Payments

By Marcin Wnukowski on Posted in Commercial, Competition
During a webinar organized by Polityka Insight on April 15, 2020, the Polish Competition Protection Authority (UOKiK) Chair, Mr. Tomasz Chróstny, stressed that UOKiK will now pay particular attention to counteracting payment delays, relying on the powers vested in it by the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions (formerly … Continue Reading

Poland: Unclear Rules of Temporary Expiry of Lease Rights and Obligations at Retail Facilities of More Than 2,000 m2

By Edyta Dubikowska on Posted in Commercial, Real Estate
The Polish draft law commonly referred to as the “Anti-Crisis Shield” (adopted by the Sejm last weekend) poses many questions in regard to lease relations between landlords and tenants at retail facilities of more than 2,000 m2. Firstly, due to its ambiguous wording, there are doubts whether it covers all retail facilities or only those … Continue Reading

Poland: Lease Agreements at Retail Facilities of More Than 2,000 m2 in the Anti-Crisis Shield Act (Bill Adopted by Sejm)

By Edyta Dubikowska on Posted in Commercial, Real Estate
During the weekend, the Polish Sejm (the lower house of parliament) passed the so-called “Anti-Crisis Shield Act” bill. The draft will now be debated in the Senate before being signed into law by the President and becoming effective on 1 April. The document may still undergo certain changes further down the legislative path.… Continue Reading

Poland: Closing Commercial and Service Establishments at Commercial Facilities Due to the COVID-19 Epidemic Versus Rent at Large Commercial Facilities

By Edyta Dubikowska on Posted in Commercial, Real Estate
On March 13, 2020, the Minister of Health issued the Regulation on Declaring the State of Epidemic Threat within the Republic of Poland whereby, as of March 14, 2020, the following business operations (at commercial facilities with a sales area of more than 2,000 square meters) were temporarily prohibited:… Continue Reading
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