News

The German-Polish Chamber of Industry and Commerce (AHK Polska) celebrates its 25^th anniversary in 2020.

We regularly inform you about successive governmental bills referred to as “anti-crisis shields”. On 31^st March this year the anti-crisis shield 1.0. was adopted and entered into force on the very same day.
On 18^th April the anti-crisis shield 2.0. entered into force. On 28-29 April 2020, further draft laws were published, including a draft law on interest subsidies on bank loans granted to provide liquidity to entrepreneurs affected by COVID-19 (draft law on subsidies). The act, called the anti-crisis shield 3.0., finally entered into force on 16^th May 2020.

We regularly inform you about successive governmental bills referred to as “anti-crisis shields”. On 31^st March this year the anti-crisis shield 1.0. was adopted and entered into force on the very same day. On 18^th April the anti-crisis shield 2.0. entered into force. On 28-29 April 2020, draft further laws were already published, including a draft law on interest subsidies on bank loans granted to provide liquidity to entrepreneurs affected by COVID-19 (draft law on subsidies), as well as the draft law amending certain laws regarding protective measures with relation to the spread of SARS-CoV-2. The first act, called the anti-crisis shield 3.0., finally entered into force on 16^th May 2020.The government's work on the draft law on subsidies was also completed and the draft law was adopted by the Sejm on 5th June 2020 and submitted to the Senate.

We regularly inform you about successive governmental bills referred to as “anti-crisis shields”. On 31st March this year the anti-crisis shield 1.0. was adopted and entered into force on the very same day.

On 18th April the anti-crisis shield 2.0. entered into force.

We regularly inform you about successive governmental bills referred to as “anti-crisis shields”. On 31st March this year the anti-crisis shield 1.0. was adopted and entered into force on the very same day. On 18th April the anti-crisis shield 2.0. entered into force. On 28-29th April 2020 further drafts were published, including a draft law on interest subsidies on bank loans granted to provide liquidity to entrepreneurs affected by COVID-19 (draft law on subsidies), as well as the draft law amending certain laws regarding protective measures with relation to the spread of SARS-CoV-2. On 30th April the latter draft was adopted by the Sejm and passed to the Senate. Government work on the draft law on the subsidies is still ongoing.

Support mechanisms adopted so far by the Polish government, consisting of the so-called anti-crisis shield, turn out to be insufficient from the perspective of the needs of the entrepreneurs who are suffering the negative economic consequences of the COVID-19 epidemic. The government therefore decided to introduce an additional support programme - the PFR financial shield for companies and employees. The aim of the programme, implemented through the Polski Fundusz Rozwoju S.A. (PFR), is, in particular, to protect the labour market and ensure financial liquidity for entrepreneurs in the period of serious economic disruption. The assumed cost of the programme implementation is PLN 100 billion.

Just a few days ago, we informed you that on 31 March this year the Act on amending the Act on special solutions related to the prevention, counteracting and eradication of COVID-19, other infectious diseases and crisis situations caused by them, commonly referred to as the anti-crisis shield, was adopted. Meanwhile already on the weekend of 4th and 5th April this year the first information on the planned further legislative changes was published. The new draft, called the anti-crisis shield 2.0., was submitted to the Sejm on 7th April. The draft in an almost unchanged form was adopted and submitted to the Senate on 8th April this year. The Senate dealt with the project on 16th April and adopted some changes. The same day the final version, including some of the changes proposed by the Senate, was adopted. On 17th April the President of Poland undersigned the act. The law enters into force the next day after its publishing.

Please note that none of the legal regulations introduced, in connection with the prevention of COVID-19 does not modify the deadline for the commencement of the mandatory share dematerialisation procedure by joint stock companies and limited joint-stock partnerships.

On the Portal Komunalny Bartosz Frydel, Attorney-at-law trainee at SDZLEGAL Schindhelm, comments on recent changes to the Act on Renewable Energy Sources that have been made by the Anti-Crisis Shield. This topic will be shown by him in the full spectrum in the May issue of the „Energia i Recykling” magazine. We encourage you to read the comment and to contact us in case of any inquires. Some renewable energy producers may need to take urgent decisions to prevent financial loss.

On the weekend of 21st and 22nd March this year, the first information on detailed solutions of the planned package of laws, known as the anti-crisis shield, was published. Only a few hours later it was revealed that proposals for changes and additions were presented by the Ministry of Justice, the Ministry of Family, Labour and Social Policy, the Social Insurance Institution and the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów; UOKiK). It has also been made public that the new provisions are to take into account proposals for supporting entrepreneurs announced by the President of the Republic of Poland. In the meantime, a draft act was made available.

On 26th March this year, a partially amended draft was adopted by the Council of Ministers and sent to the Polish Parliament. The Sejm (lower Parliament’s chamber) adopted the law that included further amendments on 28th March. Already on 30th March, the Senate considered the document submitted by the Sejm and introduced a number of significant changes. The Sejm rejected most of them the next day, restoring the content of the law to its original version. The Act on amending the Act on special solutions related to the prevention, counteracting and eradication of COVID-19, other infectious diseases and crisis situations caused by them (Journal of Laws of 2020, item 568) was signed by the President as well as published and it entered into force on the same day.

The current events following the outbreak and spread of the corona virus raises numerous legal questions. SDZLEGAL Schindhelm has established a COVID- 19-Unit consisting of our experts in the legal fields most frequently affected. We support you in all legal issues arising from current and future restrictions affecting your business operations.

Forced quarantine has lasted only a few days, but there is no doubt that it will cause financial problems for many entrepreneurs. In these difficult moments we remind you of the solutions offered by the Restructuring Law.

Next guests of SDZLEGAL SCHINDHELM and British Polish Chamber of Commerce attended the business breakfast devoted to combating the payment backlogs, i.e. delays in payments for goods and services.

On 27.02.2020 our first HR Breakfast this year took place in our office. This time, two related topics were analyzed: the first related to the obligation to comply with superiors' orders, the second related to epidemiological threats at the workplace - the duties of the employee and employer. The central issue that aroused the most emotions was the naturally growing threat of coronavirus infection.

According to Sec. 1118 ABGB (Austrian Civil Code), the lessor can terminate a lease unilaterally prematurely if the lessee makes a “considerably detrimental use” of the leased object. The scope and content of these legal provisions is a constant source of discussion. The mere performance of structural alterations by the lessee without the consent of the lessor does not in itself justify a good cause for the termination of the lease.

State and corporate compliance obligations to combat money laundering and terrorist financing remain an utmost priority for EU member states. Companies (“legal entities”) have therefore been obliged to disclose their “beneficial owners”, among other things, for quite some time. In Austria, a separate database - the “Beneficial Owners Register” - was set up for this purpose. In course of the implementation of the 5th EU Money Laundering Directive, further tightening measures have now been adopted.

The new “Law on Trade Secrets” now implements the so-called “EU Trade Secrets Directive”. This adopts the European legal requirements for the protection of confidential know-how and secret business information. Moreover, the new legal provisions contain limitation periods and important procedural provisions for the protection of trade secrets in court proceedings.

The Chinese “Social Credit System” (SCS) is an autonomous credit rating system based on “Big Data” with the purpose of regulating economy and society. It is to be introduced nationwide by the end of 2020 as a centralised control instrument. The declared aim of the SCS is to persuade all market participants to behave in accordance with the law and regulations through self-regulation.

The flood of single-use plastic must be stopped. Recently, therefore, the EU directive “on the reduction of the impact of certain plastic products on the environment” entered into force. As a result, the use of plastics as consumer packaging and goods will change massively in the future. Manufacturers and dealers will clearly be held accountable for the sustainable use of plastics. What is new?

The European Court of Justice (ECJ) recently ruled on the long-discussed question of whether and how website operators can integrate the Facebook Like button (so-called “social plug-in”) in accordance with data protection requirements.Th ECJ’s investigation results from a legal dispute between the Consumer Association of North Rhine-Westphalia and a subsidiary of Peek & Cloppenburg KG.

Almost every company has not only a homepage, but also a Facebook page. However, a legally safe operation of a Facebook fan page is hardly possible from a data protection point of view and the data processing of Facebook is too opaque. If the operators of a Facebook fan page do not want to take any risks, the only option is to deactivate the social media page. If this is not desired from an entrepreneurial point of view and the associated risk is accepted, at least as much information as possible about the data processing processes should be provided.

A new law on company crises has significantly changed the rules applicable to limited liability companies in this respect Among other things, the liability of the company’s management was tightened. Furthermore, the tasks of the supervisory body were expanded. The reform’s true impact remains to be seen: Will there be a change in corporate culture or will there be an increase in corporate crises?

In 2018, the prices for CO2 emission certificates increased sharply. A direct effect of this was the rapid increase in electricity prices. Despite promises to the contrary, the government did not prevent this price increase. However, compensatory measures have been proposed for 2019. For some companies, these interventions are to apply beyond that date, but up to a maximum of 2028.

Entrepreneurs who do business in Poland and are registered there for VAT purposes will face new obligations as of November 2019. All companies registered in Poland as VAT payers must submit their bank accounts for inclusion in the list of taxpayers. If it is not possible to audit foreign banks via the STIR system, foreign entrepreneurs registered in Poland for VAT purposes are required to open such a special account in Poland.

In July 2019, new legal measures were introduced to combat money laundering and terrorist financing. The Romanian Companies Act was also significantly amended as a result of this. The core of the reform: In order to prevent money laundering and terrorist financing, bearer shares have been completely abolished. This means that only registered shares can be issued.

“Whistleblower” - people who point out violations of the law - will be protected even more in the future. This is the aim of a new law that came into force a few months ago. The new regulation adds to already existing provisions on the protection of whistleblowers in the employment relationship.

As of November 2019, new legal regulations will bring even more transparency into the structures of companies that make use of public tenders or state aid.The definition of a “public sector partner” is new.

In June 2019, the General Directorate of Registries and Notaries’ Offices (“DGRN”) confirmed the decision of a commercial register refusing to register a shareholders resolution. This resolution had provided for the cancellation and invalidation of a capital increase carried out shortly before and already entered in the commercial register.

The current unemployment rate in the Czech Republic is 2.7%. This corresponds to the lowest value in the EU. In view of this, the Czech government is seeking to focus the system of investment incentives on promoting projects with higher added value, in addition to combating unemployment. The “Investment Incentives Act” has therefore been substantially amended.

State aid is granted on the basis of various criteria. The region or the economic sector in which the investment is made is decisive, but also the strategic importance of the investment and the level of the investment volume. Investments in structurally weak regions receive higher subsidies than investments in industrial areas. For the award of grants, a distinction is made between six different regions.

Unmanned aircraft is a new component of the global aviation system. A new EU-Regulation on the common rules of civil aviation therefore aims on establishing rules for the use of unmanned aircraft. This Regulation is directly applicable in all Member States. Beyond the Regulation a Government Decree from 1998 on the use of the Hungarian airspace also applies to the use of drones. According to the Decree, the operation of an unmanned aircraft is permitted only on a case-by-case basis.

Micro and small enterprises, who wish to benefit from the electrical energy prices freeze in whole 2019, will have time to file the declaration until 13 August 2019.

The system of laws on mechanisms counteracting the effects of increase in electrical energy prices is nearing completion.

The system will consist of two acts of parliament: Act of 28 December 2018 Amending the Act on Excise Duty and Certain Other Acts and Act on Compensation System for Energy-Intensive Sectors and Subsectors, which is waiting for President's signature.

Historically, a dense network of mutual investment protection agreements has developed among countries. Violations of investment protection are litigated before international arbitration courts, whose judgements are enforceable worldwide.

According to information from the Commission, there are currently approx. 16 million “cross-border” marriages and registered civil partnerships in the EU. With the so-called EU Property Regime Regulations (Regulations (EU) 2016/1103 and 2016/1104) that became effective on 29 January 2019 in the context of the so-called strengthened collaboration among the current 19 member states, the EU has set the goal for the creation of a uniform legal framework.

After the penalty due to abuse of the market-dominating position of Google search engine in 2017 as well as the fine due to illegal practices on Android mobile devices in July 2018, the EU Commission imposed another fine against Google and/or its parent group Alphabet on 20 March 2019 – this time in connection with the product AdSense for Search. Google was ordered to pay a fine of EUR 1.49 billion.

With the entry into force of the General Data Protection Regulation (EU) 2016/679 (GDPR), the data protection directive 95/46/EC applicable at that time was repealed. The applicable Bulgarian Data Protection Act had to be revised and adapted to the new requirements. For this purpose, a comprehensive amendment was adopted (state gazette 17 of 2019), through which, amongst other things, the concretisation of the provisions of the GDPR are introduced.

Influencer marketing is now among the most common forms of advertising for many companies. Instagram and other social networks offer the “opinion makers” an ideal platform for (self-)presentation and effective advertising of products. According to a current survey of the German Association for the Digital Economy (Bundesverband Digitale Wirtschaft e.V.) dated 10 November 2018, 59% of the companies surveyed use influencer marketing.

On 23 March 2019, a significant reform of the European Community trademark law took effect (legislative regulation no. 15 dated 20 February 2019 for implementation of Directive (EU) 2015/2436), by means of which a series of significant changes is introduced for trademark holders.

Polish commercial companies have been obligated since October 2018 to submit their annual financial statements and management reports exclusively electronically. This began the first phase of digitisation of registry proceedings in Poland. In a further step, the paper form has finally said goodbye. As of September 2020, changes to the facts registered in the company register or the registration of the company are to be processed completely electronically.

As of 1 May 2016, the same principles for acquisition of real estate in Poland apply to citizens and companies from member states of the European Economic Area and Switzerland as for Polish entities. These regulations also concern the acquisition of agricultural land. At the same time, on 30 April 2016, an amendment to the Polish law concerning the design of the agricultural system (hereinafter referred to as “law”) took effect.

The law on administrative disputes (law 554/2004) has undergone relevant changes which will have a significant impact on administrative procedural law. Some of the relevant changes are to be shown below.

With the amendment to the law on the promotion of tourism and the indirect change in the Labour Code, a new institution - a contribution to the holiday of employees (“holiday contribution”) – was introduced into the Slovakian legal system effective on 01/01/2019.

As part of fighting tax fraud, the tax administration of the Slovak Republic manages a project for online connection of all electronic cash registers to the tax administration portal (E – cash register).

The law 11/2018 dated 28 December has been in force since the beginning of the year. This selectively modifies the Commercial Code, the Stock Corporation Act and the Law on Auditing.

The Directorate General for Registrars and Notaries, in a brief decision, has recognised the validity of the so-called “pactum marcianum”, an exploitation clause, on the basis of which the creditor can directly exploit the object himself/herself and/or can assign it to himself/herself.

The topic of the seizure orders by the financial administration was discussed intensively in the last months in the Czech Republic both by experts and in the public. In essence, it involves the provision of § 167 of law no. 280/2009 Coll., (“Tax Procedure Code”), which gives the right to the financial administration, under certain conditions, to issue a so-called seizure order.

Justified by the goal of solving legal disputes in a fast and economical manner without filing lawsuits and thus relieving the overloaded Turkish courts, a mediation procedure is implemented as a mandatory pre-condition for filing a lawsuit according to Turkish labour and commercial law.

The Hungarian Parliament adopted the law on the restructuring of the administrative courts in December 2018. The new law will take effect on 1 January 2020.

It is the first anniversary of the GDPR. We would like to take this opportunity to provide you with an overview on the recent developments in the EU member states regarding GDPR, including information concerning first decisions, imposed fines and local law.

IAG has been associating law firms and tax advisors operating throughout the world for 30 years. Nowadays there are more than sixty law firms and tax advisors affiliated. They provide services in Europe, North and South America, Africa, Asia and Australia.

SDZLEGAL SCHINDHELM is a member of the IAG International Advisory Group since 2015.

The Top Employers Institute has announced results of 10th edition of the Top Employers programme, and have granted “the Top Employer” title to 1554 entities from 118 countries. In terms of the number of certified employers, Poland achieved 9th position – the title has been granted to 56 entities running theirs businesses in Poland.

Companies invest in know-how, from which there are important competitive advantages. Valuable information is the currency of the knowledge-based company. Maintaining confidentiality of business secrets is therefore a management instrument for competitiveness and research innovations. The loss of secrets can result in serious consequences, in particular, and generally can no longer be reversed.

The bank paid funds to the developer contrary to the content of the loan agreement concluded with our client. The developer has declared bankruptcy and our client had paid off the loan for almost 10 years for an apartment that has never been built. Despite making regular repayments to the bank, it finally demanded repayment of the entire debt at once.

Due to SDZLEGAL SCHINDHELM’s efforts, the Regional Court in Wrocław confirmed that a commune which enacts a local zoning plan should thoroughly consider its effect on the value of properties.

In the budget planning for 2019, companies should prepare for the expected increase in Po-lish labour costs.

In the business world, situations often arise in which the only existing managing director wants to leave the company.

The presidential decree no. 32 issued on 12/09/2018 to protect the value of the Turkish cur-rency ("Decree") sets the limitation of foreign currency and foreign currency indexed contracts and stipulates that these contracts must be converted within 30 days into Turkish Lira (“TL”).

The client of the SDZLEGAL SCHINDHELM has signed a contract "S-14 Construction of the Western Beltway of Łódź. Lot No. 1: Section I from the Łódź Lublinek node to the Łódź Teofilów node. Lot 2: Section II from the node Łódź Teofilów (without a node) to national road 91 in Słowik worth almost PLN 1 billion 150 million.

The National Chamber of Appeal’s ruling allows the Client, represented by legal counsel Katarzyna Skiba-Kuraszkiewicz, Partner in SDLEGAL SCHINDHELM, to conclude a 69 million PLN contract for a six-year long comprehensive maintenance of the A4 motorway section administered by the General Directorate of National Roads and Motorways (GDDKiA).

The client, represented in the winning proceedings before the National Chamber of Appeal by legal counsel Katarzyna Skiba-Kuraszkiewicz, Partner at SDZLEGAL SCHINDHELM, will sign a contract worth over 880 mln PLN for the construction of a 16 km section of national road No. 47.

The electronic transmission of tenders in the award procedure is nothing new and was already standardised in the Federal Procurement Act 2006 both for the classical area and for the area of sector contractors.

Online platforms and search engines dominate Internet trading. Unilateral business conditions, non-transparent algorithms and rankings are unfortunately not uncommon.

As in the past, in the case of company sales, the seller has repeatedly neither paid salaries due nor paid social security contributions due for employees, the Bulgarian Commercial Code was amended accordingly by three successive amendments in December 2017, February and March 2018.

In July 2017, the Money Laundering Act (Geldwäschegesetz, GWG) was completely revised in Germany in the implementation of the Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849).

Technical solutions can be protected by patents and utility models under certain conditions. By reserving commercial exploitation exclusively to the inventor for a limited period of time, technological progress should be promoted.

Until today, the legislation of some Member States of the European Union is very restrictive with regard to the transfer of the company headquarters in other Member States. It is often required that the company in the country of origin must be completely liquidated before the change of domicile.

In Italy, insolvencies can be settled through composition proceedings between the insolvency debtor and its creditors, the so-called Concordato Preventivo. So far, the assessment of economic feasibility has been the sole responsibility of the creditors concerned.

The EU GDPR came into force on 25/05/2018. The Polish draft law implementing the Regulation leads, among other things, to changes in the area of labour law.

In Poland, a law to promote new investments is to enter into force in June 2018. The law is intended to create new framework conditions for companies operating in special economic zones (“SEZ”).

The Romanian government has substantially changed the obligation to bear the costs of social security and health insurance contributions.

The Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) has been implemented in Slovakia by the amendment to the Act No. 297/2008 of the ECR on the prevention of the legalisation of the proceeds of crime and terrorist financing.

The Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) requires Member States to keep a register containing the information provided by the beneficial owners of companies registered in their territory.

In the Czech Republic, the Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) has been implemented by Act No. 368/2016 of the ECR.

The PSD2 Directive (EU) 2015/2366), an EU directive on the regulation of payment services, was implemented in Hungarian law in October 2017. Law No. 145/2017 entered into force on 13/01/2018 in accordance with the Directive.

International business transactions often involve cross border transfer of personal data. This is the case for instance where the data is stored on a server located in a third country (a country outside the EEA) or a third country IT service provider has access to the data processed by a company within the EU. If personal data is to be transferred to a third country specific provisions of the GDPR will apply.

On 19 October 2017 the Voivodeship Administrative Court in Warsaw issued a judgment (case no. IV SA/Wa 1306/17) in which it adopted interpretation of firm and regular source of income favourable for foreigners applying for recognition as a Polish citizens. Due to the judgement and SDZLEGAL SCHINDHELM’s efforts Client from April 2018 benefits from final and binding decision recognizing him as a Polish citizen.

As of 25 May 2018, the General Data Protection Regulation (GDPR) introduces harsh sanctions for data breaches with extended scope of applicability.Companies and other data processing entities become potential subjects not only to the data subjects’ claims for damages, the enforceability of which has been enhanced, but also to increased administrative fines to be imposed by supervisory authorities.

The General Regulation on Data Protection (GDPR) which will apply from 25th May 2018, introduces the position of the Data Protection Officer (DPO). The DPO shall be the contact person for and shall be involved in all data protection related issues of the given entity. The DPO is either an employee (so called internal DPO) or a third-party contractor (so called external DPO). The DPO is an organ within the company which liaises with the authority, the company and the data subjects.

On 8th December 2017, the National Appeals Chamber issued a judgment (KIO 2443/17, KIO 2445/17) ordering the contracting authority to exclude a rival contractor on the basis of administrative penalties imposed for violating obligations coming from environmental law. This is one of the first judgments ordering exclusion on this legal ground.

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

The General Data Protection Regulation (GDPR) of the EU will come into force on 25 May 2018 and it will affect organisations worldwide working with or within the EU. The GDPR promotes accountability and governance. Organisations are required to put into place comprehensive governance measures to ensure compliance. Non-compliance can lead to heavy fines up to EUR 20 million or 4 % of the global annual turnover, whichever is higher.

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

regarding the tenders for the collection and management of municipal waste from the Poznań Agglomeration.

SDZLEGAL SCHIENDHELM law firm is a member of United Nations Global Compact – world’s largest organisation concerned with popularisation among private entrepreneurs of standards of balanced growth in fields of human rights, employees rights, environmental protection and anti-corruption. On the national level the project is governed by National Network – Global Compact Network Polska.

Experienced and skilled lawyers as well as tax and restructuring advisors provide support for debtors and creditors, also in cross-border insolvency proceedings.

SDZLEGAL SCHINDHELM has advised Wrocław-based company CLEARCODE in course of the obtaining of external targeted financing for its subsidiary, Piwik PRO. By the investment agreement signed, the company received a total of 8 million PLN from the investment fund - Warsaw Equity Group and Tim Schumacher - an international entrepreneur and one of the most recognized European experts in the field of on-line marketing. It is one of the major investments in a start-up company on the Polish market.

We kindly announce that on 3. February 2017 the Public Procurement Law Association was established. The founding members of the Association are, among others, Anna Specht-Schampera - Partner in SDZLEGAL SCHINDHELM, who is the memeber of the Association's management board.

Law Firm Schampera, Dubis, Zając i Wspólnicy Sp. k. was honored as the Ambassador of the Polish economy of 2016 in a contest organized by the Business Centre Club under the auspices of the European Economic and Social Committee in Brussel.

Ambassador of the Polish economy, in example, represents and promotes Poland in an international arena as a trustworthy commercial partner, supports an image of an honest Polish entrepreneur, as well as attracts investors.

On 13 September 2016 took place another meeting of the Parliamentary Special Commission for deregulation (NRD). In this meeting as a delegate of the Business Centre Club took part Mr. Tomasz Szarek.

The Chamber in a verdict of 22 June 2016 (KIO 983/16) upheld the appeal lodged by SDZLEGAL SCHINDHELM’s Client and ordered the Directorate to cancel the procedure in this mode.

SDZLEGAL SCHINDHELM advised Polish company belonging to SSAB (Swedish producer of steel) during a process of merger with Polish structures of RUUKKI, a part of Rautaruukki holding. The aforesaid project was an element of an international merger of SSAB AB (Sweden) and Rautaruukki OY (Finland) with a whole value of 1.6 billion USD.

A purpose of this Memorandum is to shed a light on key issues regarding a new law on suspending a sell-out of agricultural land belonging to the Polish State Treasury (hereinafter referred to as the “new regulation”).The final draft of the new regulation has been passed by Polish Parliament on April 14, 2016. The new law has come into force on April 30, 2016. A main purpose of the new regulation is to impose limitations on a turnover of an agricultural land, not only that belonging to the State Treasury, but also land in private sector.

The SDZLEGAL SCHINDHELM represents one of the largest Polish universities in a proceeding before the Court of Justice of the European Union. The case concerns the interpretation of an EU-financed grant agreement.

SDZLEGAL SCHINDHELM with the cooperation with the “Public Procurement” magazine (pol. Przetargi Publiczne, hereby invite you to the international conference “The Public procurement practice in Germany and Austria”.

SDZLEGAL SCHINDHELM is a sponsor of the international conference „30 Years of European Product Liability Law”, organized by the Faculty of Law, Administration and Economics of the University of Wrocław.

Dear All, we would like to kindly invite you

to the XIII Local Government Capital and Finance Forum, which will take place on 1 October 2015 at the International Congress Forum in Katowice. At this prestigious event in the world of local government SDZLEGAL SCHINDHELM Law Firm will be represented by the legal adviser Tomasz Szarek – our partner managing the corporate law and mergers and acquisitions department. Mr. Tomasz Szarek will take part in the lectures covering the organization and supervision of the municipal governance in the municipality company and the modern model of the municipal council.

Mr. Katarzyna Gospodarowicz - legal adviser - expert in labour law of the SDZLEGAL SCHINDHELM, will be participating in the panel discussion.

We kindly invite you to read the article of the legal trainee from our Law Office Marcin Śledzikowski “When the company should submitted the first financial statement”, which was published in yesterday’s number of the newspaper Rzeczpospolita. The author discusses business practices in respect of the obligation concerning submitting financial statements for the first year of the business activity, in the light of the recent resolution of the Supreme Court

We would like to invite You to the lecture of the article of the legal adviser Katarzyna Gospodarowicz "For the offer to the foreigner the employer may pay the PLN 5.000 fine" published in yesterday's number of the newspaper Rzeczpospolita. Author discussed the issues covering the discrimnation of the employers in respect of employment by Polish employers foreigners.

The appeal proceedings before the KIO and the proceedings before the District Court Complaint were conducted by the Partners of the SDZLEGAL SCHINDHELM - legal adviser Katarzyna Skiba-Kuraszkiewicz and legal adviser Anna Specht-Schampera, specializing in public procurement law.

The object of the training is to discuss issues related to the non-competition clause during and after termination of the employment, including in particular the permissible and necessary elements of the non-competition agreements, as well as issues related to the business secret, including the concept of business secrets and conditions necessary to acquire data secret and confidentiality clauses with regard to the data that can be effectively covered by such secrecy.

SDZLEGAL SCHINDHELM is pleased to invite You to an exhibition of paintings and sculptures of the artist Lev Stern, which will take place on Thursday 18th June 2015 in our Law Office - Budynek Starej Giełdy (the old stock exchange building), first floor, Plac Solny 16 Wroclaw.

From 10 to 12 April 2015 lawyers from the law firm SDZLEGAL SCHINDHELM went to Wolimierz, a village in Lower Silesia.

16 May 2015 r Lawyers from the SDZLEGAL SCHINDHELM Law Office took part in the II Corporate Run in Wroclaw.

On 14.05.2015 legal adviser from our Law Office Katarzyna Gospodarowicz published the article covering the consent of the employer to the publishing employer image by the employee.

Whistle blower is a person who, acting in good faith and in the interests of the public good, exposing non-regularities or unethical behavior in the workplace or work environment, exposing themselves to mobbing, loss of employment or marginalization.

We kindly invite you to read the articles wrote by legal apprentice Marcin Śledzikowski under the tittle: “Member of the management board of the company as a proxy - practical issues”, which was published on April 2, 2015 in the 6th number of the newspaper “Przegląd Radcowski” of the Chamber of the Legal Advisors in Wroclaw. In such article author presents a reflection on the possibility of establishing of the member of the management board of the company as a proxy in the same company. Commented solution may be an interesting alternative for entrepreneurs, because there are situations where the necessity of making some legal action occurs in the period in which the acting jointly by two members of the management board is impossible or very difficult, eg. As a result of illness of one of them.

We would like to invite you to read the article of legal advisor Katarzyna Gospodarowicz: "Personal data: information about the applicant on the full time job will flow not freely", dated on 19.03.2015 in "Rzeczpospolita". Article is a synthetic summary of the issues that must be measured to an entrepreneur at the stage of recruitment.

We would like to invite you to read the article of Mr. Jaroslaw Fidala "The sale of the Internet to effectively limit", dated on March 20, 2015 in "Rzeczpospolita". The author discusses the main risks of the entrepreneur from the sale of Internet products.

More information.

On 24-26.03.2015 r. In Iławie will be held the V Conference under the title: „Fuels from waste. Law-Investments Innovations-Market.”

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Between 29 – 30 September 2014 in Mariott Hotel in Warsaw will be workshops focusing on the consumer issue in real estate and development industry – the most recent amendments to law and current practice. On the second day of Conference, i.e. 30 September 2014 will give a lecture “Collection and settlement of deposits, advances and payments and charging contractual penalties, according to the stage of investment completion” dr. Agnieszka Łuszpak-Zając, Partner of SDZLEGAL, which is the leader of Real Estate Department.

Dear All, We kindly remind you, that with regards to companies, in which the fiscal year corresponds to the calendar year, 30 June is the deadline for the approval by the company‘s competent authority of the annual financial statement for the year 2013.

The XXIV Confernce „Exploitation and recultivation of waste management/landfill site” 18-20 February 2014, Zakopane, managed by Abrys Sp. z o.o.

“Formal and legal conditions to create recultivation fund in individual organizational forms of installation”

Lecture ofAnna Specht-Schampera: “Waste management in new legal system – execution of the provisions of Act on municipality level”

November 12, 2013 the Ministry of Economy submitted to inter-ministerial and social consultations the bill on renewable energy sources. Comments to the bill may be submitted among others through the Internet consultation system until 26 November 2013.

Lecture of Legal Advisor Anna Specht-Schampera at the municipal workshop sessions „Inspections and penalty in waste management”

We are pleased to inform, that on October 7th, 2013, another edition of SDZLEGAL SCHINDHELM seminar in the series of „DOING BUSINESS IN CHINA” will take place.

An employment contract is a traditional, but also the most expensive form of cooperation with a manager. In many cases, the change in the form of cooperation, or the payment of salaries from several titles can significantly increase the revenue of manager, and also reduce the burdens on the entity, for which the manager provides his/her services.

On July 1, 2013, the new system of municipal waste management was implemented in our country. Commune took over the responsibilities connected with collection, transport, recycling and neutralizing of waste. Did the communes manage to prepare for changes on time? If not, why?

On 23 July,2013 the Council of Ministers adopted 14 regulations extending by six years, i.e. to 2026, the time limit of functioning of the Special Economic Zones. This is very good news for entrepreneurs who has been already operating in the Special Economic Zones as well as for those who wants to start their business activity in Special Economic Zones.

„1 autre . de vue - inny punkt widzenia” is a title of the photo exhibition organised by students of the Institute of Romans Studies of the University in Wrocław.

Licence fee has to be paid for each radio device fitted in a company car. Licence fee has to be paid as many times as there are company cars equipped with a radio in a company. In order to rescue the TVP (Public...

Polish German Chamber of Commerce (AHK) Regional Office in Wrocław together with the law office SDZLEGAL SCHINDHELM invite you for a training “Liability of management board members for the violation of antitrust law in …

Once again SDZLEGAL SCHINDHELM participates in the charity action of Gazeta Wyborcza and Agora Foundation called "Santa Claus Factory". This year, thanks to all the cooperating companies we managed to collect almost …

Cracow automobile club, decided to arrange the I st historical edition of the Rally of Poland, in beautiful locations of the Little Poland. The Rally was supposed to refer to the tradition of the Rally of Poland, and in its form, …

On the 13-14.09.2012 in Gliwice the National Conference shall take place: Biowaste – Compost plant as the necessary element of reduction of the level of biodegradable waste. The Conference shall be organized by EKORUM. During …

On the 19.09. - 22.09.2012 a 41st Convention of National Forum Waste Management Companies Directors. During the convention Anna Specht-Schampera from SDZLEGAL SCHINDHELM shall present a lecture “Directives to the act on …

Law firm SDZLEGAL SCHINDHELM together with law firm CMS Cameron McKenna obtained for their clients – a company MAX BÖGL Polska Sp. z o.o. and a company MAX BÖGL Bauunternehmung GmbH&Co.KG a security for the claim for …

Please be informed that on the 30th of June the period for accepting the annual financial report in units expires. This refers to the units in which the financial year ends on 31st of December. Until that date the Ordinary …

We would like to invite you for our new training "Cooperation with the security of the company -practical and legal issues". The goal of our training is to provide you with practical information concerning the rules of …

We invite you for a training: "Employee’s right for protection of privacy. What can the employer do within the scope of control, identification, appearance and obtaining information about the employee" The main goal …

On 30.05-01.06 Abrys Sp. z o.o. conducts a Seminar – “Fuels from waste”. The seminar shall take place in Chorzów. During the seminar Anna Specht-Schampera from SDZLEGAL SCHINDHELM shall present a lecture Installation for …

We have the pleasure to invite you to our new seminar organized by SDZLEGAL SCHINDHELM in cooperation with Trinity Corporate Services, describing the benefits of business optimization through a limited partnership or a limited …

On the 16th of May 2012 Wolters Kluwers is conducting a seminar in Warsaw - “Problems connected with the reforming of communal waste management system”. During the seminar Anna Specht-Schampera from SDZLEGAL SCHINDHELM shall …

SDZLEGAL SCHINDHELM and the Student’s Scientific Group of Civil Law at the Faculty of Law, Administration and Economy of the Wroclaw University invites students and other interested for a Workshop: “Practical aspects of a due …

“Systems of security of a football game – local legal, technical, sociological, criminal, cultural and philosophical aspects in the light of international requirements”

Between 12 and 13 April 2012 in Rzeszów EKORUM will be organizing a conference: “Local communities as waste management regions”. During the conference Anna Specht-Schampera, attorney at SDZLEGAL SCHINDHELM will give a …

Between 23 and 25 March 2012 in Rzucew the National Association of Public Procurement Consultants will be organizing a conference “Public procurement law: before and after the amendments”. During the conference Anna …

SDZLEGAL SCHINDHELM in collaboration with the French Chamber of Commerce and Industry in Poland (CCIFP) will conduct a seminar concerning the antimonopoly risks which are a result of each entrepreneur’s obligation to comply with …

On the 6th of February 2012 the Ministry of Economy finished the public consultations of the new project of the regulation on renewable energy sources. Please find enclosed the comments to the project as well as the results of …

Once again SDZLEGAL SCHINDHELM has been awarded with the title of „Business Gazelle 2011” in the ranking of Journal “Puls Biznesu”.

SDZLEGAL SCHINDHELM is one of the sponsors of the event „Three countries – Three cities 2012” within which the New Jewish Chamber Philharmonic Dresden conducted by Michael Hurshell shall perform concerts in Dresden, Strasbourg …

SDZLEGAL SCHINDHELM in cooperation with the University of Wroclaw shall conduct lectures in the Programme in European Private Law for Postgraduates (PEPP) from the European Universities. The Programme is organized by …

We have the pleasure to inform that SDZLEGAL SCHINDHELM supports the project WOMEN OF LAW – a charity action of the Foundation “Between Heaven and Earth”. The goal of this year action is to gather funds for the pupils of the …

Ladies and Gentlemen, We invite you for the evening inaugurating the alliance of Law Firm Schampera, Dubis, Zając i Wspólnicy with SCHINDHELM - the international network of law firms with offices in Middle / Eastern Europe and …

SDZLEGAL became a member of SCHINDHELM - the international alliance of corporate law firms.

The President of the Republic of Poland signed the Amendment on 24 July 2019. Therefore the Amendment in the scope described below, in significant court fees increase, may enter into force even within the next 3 weeks.

Dear Sir/Madame,

from 25th May 2018 apply the provisions of the EU general regulation on the protection of personal data. According to the changing regulations and due to the fact, that in the scope of cooperation with Kancelaria Prawna Schampera, Dubis, Zając i Wspólnicy sp. k. (SDZLEGAL Schindhelm) we process Your personal data we kindly inform You that:

Voivodship Administrative Court in Rzeszów declared in verdict of 28 September 2017 that the resolution of Regional Assembly of Podkarpackie Voivodship of 5 January 2017 no XXXI/551/17 concerning Waste Management Plan for Podkarpackie Voivodship 2022 is partly null and void. The contested part concerned qualification of Client’s installation as substitute one, whereas it should be qualified as Regional Municipal Waste Treatment Installation.

Chambers&Partners investigates the legal services market since 1990 in order to recommend its customers most recognized and trustworthy lawyers in the world. Independence and objectivity of Chambers&Partner’s team makes their analysis and rankings reliable and helpful.

Project LUNETA is part of the Program „Neighbourhood Regained”, which initiators are Foundation Zukunft Berlin and city Wrocław.

LUNETA lets residents and visitors of Wroclaw and Berlin visit the partner city, take a virtual walk, get to know more about the history, presence and the future of two cities . LUNETA is to be placed simultaneously in Wroclaw in front of the main railway station and in Berlin on Potsdamer Platz from May till July 2016.

We are pleased to invite you to the 14th Seminar for municipal operators, which will be held from 7th to 9th October 2015 at the hotel Trylogia in Zielonka near Warszawa. On the second day of the seminar her lecture on "Incineration plants vs Mechanical biological waste treatment installations. Safety waste stream for Mechanical biological waste treatment installations under current regulations, with particular consideration of tenders in municipalities" will give legal advisor Anna Specht-Schampera, partner and head of department of the Public procurement law at our firm.

We are pleased to invite you to the The Lower Silesia Political and Economic Forum –Sudeckie Forum which will take place on 21-22 May 2015 in Walbrzych.

In the article "The crew in the network on the company profile" in the Newspaper “Rzeczpospolita” dated on 12.03.2015 r., The authors present the role of the internet and social media in the relationship employer - employee. Very interesting topic. We would like to invite you to read.

The third historical edition of the Rally of Poland took place on 4-8th September 2014. The Rally refers to the tradition of the Rally of Poland, and in its form, to the Rallye Monte -Carlo Historique i.e. as a regularity rallying.

Dear Sir/Madam,

We kindly invite you to read another legal alert, in which the lawyers from SDZLEGAL SCHINDHELM – Konrad Schampera, Managing Partner, and Jarosław Fidala, Associate, comment on the last decision of the German Antimonopoly Office, by which 21 entrepreneurs, and 33 physical persons were fined with financial penalties in the total amount of approx. 338 million euros for the price-fixing cartel.

We kindly inform you that in accordance with Article 45(1f) of the Act of 29 September 1994 on Accountancy, the financial statements are prepared in electronic form and bear a qualified electronic signature or a signature confirmed by the ePUAP trusted profile.

Within this project our lawyers provided advice on the entry of financing investor, from the stage of negotiations and financing structure planning, through its protection and implementation.

Szanowni Państwo,

Zapraszamy do lektury artykułu radcy prawnego z naszej Kancelarii Jarosława Fidali pt. "Kiedy przedsiębiorca odpowiada za działania pośrednika handlowego", który ukazał się w środowym numerze gazety Rzeczpospolita (26.08.2015). Autor w przedmiotowym artykule analizuje negatywne skutki wynikające dla zleceniodawców z naruszenia prawa konkurencji przez pośredników handlowych działających w imieniu i na rachunek zleceniodawców.

Tekst artykułu dostępny jest pod linkiem.

We kindly invite you to read of the article of our attorney Aleksandra Krawczyk “Note to the business partners across the Odra River” which was published in yesterday number of the newspaper “Dziennik Gazeta Prawna” (08/18/2015). In the article the author analyzed the risks associated with the cooperation with the German entrepreneurs who are at risk of insolvency. The author describes the practice of the German trustees, consisting of appeal against the actions of the bankruptcy companies made up for 10 years before the bankruptcy. Its effect can also be imposed on Polish entrepreneur obligation to return all payments received at that time from the German contractor.

We kindly invite you to the lecture of the article of the legal adviser Katarzyna Gospodarowicz and legal adviser Wojciech Zając – managing the labour law department of our law office as follows: “How to eliminate working on high”, which was published on the Thursday’s number of the newspaper Rzeczpospolita (13.08.2015). The authors presented the practical solutions for the employers, showing how it can cope with the problem of the designer drugs, despite the lack of statutory regulation in this area.

We would like to kindly invite You to lecture of the article of our attorney Aleksandra Krawczyk “"Criminal compliance as a measures of preventing liability of collective entities for acts prohibited under penalty,", which was published in the “Monitor Prawa Gospodarczego”. The author discussed the risks of the latest amendment to the criminal law in the context of criminal liability of companies and methods to prevent this type of risk.

We would like to kindly invite You to the lecture of the article our law adviser Jarosław Fidala, which was published today in the newspaper Rzeczpospolita "Useful clauses for the company". Author discussed the most-favored clause and benefits posed by entrepreneurs.

We would like to kindly inform You that according to the resolution of the Supreme Court dated on 30.01.2015 (file no. III CZP 34/14) entry in the register of entrepreneurs of the National Court Register proxy with the provision, that he is entitled to act only jointly with the other member of the management board (joint irregular proxy) is inadmissible.

We would like to invite you attend in the next meeting of the series “TAX Breakfasts” organized by the SDZLEGAL SCHINDHELM and Spolkaiprawo.pl on 9.04.2015 at 12:00 - Plac Solny 16 in Wroclaw. During the meeting, we will talk about the current changes in tax regulations, which are essential for running business. More information you can find under the link.

On 27.03.2015 in the office of SDZLEGAL SCHINDHELM training on collective redundancies, personal redundandies and alternative solutions than redundancies, such as in the form for voluntary redundancy programs was held. Training was conducted by legal advisor Wocjiech Zając - partner in the labour law department in SDZLEGAL SCHINDHELM and legal advisor Dominika Szachniewicz. We would like to say thank you to all trainees for your participation and invitge you to the next training on labour law!