Month: May 2020

The Ministry of Justice announces the implementation of the so-called preventive confiscation of property into the Criminal Code. That confiscation would be carried out even before the offender is convicted, or even in the case of acquittal, and would also concern property belonging to persons who are not subject to criminal proceedings. The Ministry has announced that work is at a very advanced stage.

Find out more: https://www.telfa.law/news/preventive-confiscation-announcement-of-an-amendment-to-the-criminal-code-in-poland/ 

In today's issue of the daily Dziennik Gazeta Prawna we will find an article by Marcin Borkowski, Ph.D. This time, as part of the Academy of Economic Law, Marcin describes conditions that must be met in order to be able to claim damages from a member of the management board of a limited liability company who is responsible for damage caused by his or her actions or omissions.

The International Court of Arbitration in London dismissed all claims of Griffin against the Republic of Poland in its recent judgment. However, as it turns out, Poland's victory in arbitration does not necessarily mean the end of the whole dispute. From the very beginning, the long-lasting dispute has been watched by the development industry, public opinion, but above all lawyers practicing international investment law – writes Radosław Chudy from GWW.

https://www.prawo.pl/podatki/spor-o-zabytkowe-koszary-w-warszawie-opinia-gww,500400.html

We will soon find out whether there is a chance to stop tax offices from abusing law to the detriment of companies. Andrzej Ladziński, GWW partner, co-author of the report on "Instrumental initiation of fiscal criminal proceedings" published at the end of 2019, provided commentary for Rzeczpospolita.

Shares in a limited liability company are often acquired independently by married persons in which the statutory partnership is in force. In that case, can the spouse also use the rights related to such shares?

Article by Dr. Marcin Borkowski at the Academy of Economic Law by Dziennik Gazeta Prawna daily: https://biznes.gazetaprawna.pl/artykuly/1476153,spolka-z-o-o-kto-jest-wspolnikiem.html

The time limit for filing a complaint on unfavorable interpretations received will not start to run until the end of the coronavirus epidemic. This was the information given to taxpayers by the director of the National Tax Information in recent interpretations issued. And yet, the shield 3.0 will lift the suspension of the time limits already from the seventh day of its entry into force. All previously suspended trial and court time limits are supposed to start to run again.

In today's article by Wiesława Moczydłowska on the Prawo.pl website, commentary is provided by Kamil Szczęsny, GWW's attorney-at-law.

The Anti-Crisis Shield 1.0 postponed the payment of the minimum commercial real estate tax for the months from March to May until July 20. However, shopping centre owners are wondering whether they have to pay this tribute at all for the period when their activity was top-down limited.

Mateusz Pietranek, tax advisor in the GWW CIT practice, comments in the article of Dziennik Gazeta Prawna daily.

Tax offices use various tricks and laconic justifications to prolong proceedings and delay VAT refunds. Taxpayers cannot even predict when they will receive their money, since tax offices set themselves new deadlines, which they still do not meet. According to a judgment of the Supreme Administrative Court issued a few days ago, the mode of operation applied by the offices is correct.

The topic of today along with a commentary by Małgorzata Militz, GWW VAT expert, tax advisor, is published at Law.pl.

The article is available at: https://www.prawo.pl/podatki/przedluzanie-terminow-zwrotow-vat-decyzje-urzedow-skarbowych-i,500147.html

Grzegorz Karwatowicz, of counsel, an expert in public procurement law, obtained elimination by the National Board of Appeal of the prohibition to conclude a public procurement contract for our client Teatr Ludowy in Krakow. This is even a greater success due to the fact that, as the National Board of Appeal has many times ruled, elimination of the prohibition to conclude a contract is an exceptional institution which should not, in principle, be generally applicable.

We are proud to inform that GWW Law Firm is a legal partner of the VentilAid initiative, which supports the fight against the COVID-19 coronavirus pandemic by using technology.

How does it work? A group of engineers and designers decided to create a device having a function of a respirator as a tool to combat the effects of the COVID-19 disease. Ventilaid is a device aimed at relieving medical staff and save as many patients as possible. Owing to its unique parameters, it can be quickly implemented for mass production and due to low costs – also in the poorest countries. VentilAid is currently at the stage of medical tests of a new respiratory prototype, cheap to manufacture, and widely available.

The GWW team of intellectual property practice and new technologies supports VentilAid in the field of copyright and industrial property rights.

Read more about the initiative: https://www.facebook.com/watch/?v=210059250226152

Video: https://www.facebook.com/watch/?v=210059250226152