Author: ts_pm

Today's Puls Biznesu daily published a commentary by Piotr Czajka, attorney-at-law, relating to the expiring annual deadline for commencement of the application of the GDPR – Community regulation in the field of personal data protection. The article collected opinions of entrepreneurs on the provisions and measures taken by them to meet the GDPR requirements. 

The article was published in the Thursday edition of Puls Biznesu, full article can be downloaded from: https://gww.pl/pl/publikacje/przepisy-rodo-wciaz-niejasne-dla-firm/

The industry is still moved by the ground-breaking judgment of the Court of Justice of the European Union issued in the case of Budimex S.A. We would like to remind you that in the GWW team running the case was led by Małgorzata Militz, attorney-at-law, partner.

The judgment defined the moment when it can be assumed that a construction service or construction and assembly service was performed for the VAT purposes. The decision of the Court was considered as extremely important both in the trade press and journalistic press (Forbes, bezprawnik.pl), and was also appreciated by the largest law offices dealing with tax consulting in the country.

We invite you to read the article on this key judgment for the construction industry: https://www.forbes.pl/opinie/kiedy-usluge-budowlana-mozna-uznac-za-wykonana-decyzja-trybunalu-w-luksemburgu/qrjgne9 

Photo: Forbes.pl

On Saturday, 18 May, the Company Run took place in Wrocław, in which our representation from the Wrocław branch participated for the first time. We were represented by: Paweł Wójcik, attorney-at-law, partner, Elżbieta Kamińska, attorney-at-law, partner, Grzegorz Karwatowicz, associate, of counsel, Magdalena Węglowska, and Paulina Charytoniuk.

Companies could enroll five-person teams that needed to run at a distance of 25 km, of which each competitor ran 5 km.

This is the 7^th edition of the Company Run, the idea of ​​which is to promote healthy competition and physical activity among employees and the willingness to help the children most in need. This year, the income is earmarked for the treatment and rehabilitation of the charges of the Everest Foundation in Wrocław. As much as 10,000 people took part in the Saturday charity Company Run 2019 in Wroclaw.

More information available at: http://wroclaw.wyborcza.pl/wroclaw/7,35771,24798432,bieg-firmowy-we-wroclawiu-setki-uczestnikow-na-starcie-duzo.html#s=BoxLoWrLink:undefined

Chapter 11a of Section III of the Act of 29 August 1997 – Tax Ordinance, which has been in force since 1 January 2019, introduced a duty to provide information about tax schemes. The direct reason for the adoption of new regulations was the obligation of each Member State to implement Council Directive 2018/822 of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements (MDR Directive). Even though, in many aspects, the Polish legislator considerably extended the scope of activities treated as tax schemes, it failed to meet the minimum standard of harmonization due to incorrect transposition of the main benefit test and the cross-border criterion.

A member of the management board of a limited liability company (spółka z o.o.), who wants to perform certain actions on its behalf, must – in some cases – obtain consent not only of the meeting of shareholders, but also of the supervisory board. What can be the consequences of disregarding these obligations?

In today's issue of Dziennik Gazeta Prawna, we can find an article by Marcin Borkowski, PhD, "It is not always sufficient to obtain shareholders’ consent".

Link: https://biznes.gazetaprawna.pl/artykuly/1412124,nie-zawsze-wystarczajace-jest-uzyskanie-zgody-wspolnikow.html

We will certainly not surprise anyone by pointing out that waste permits involving waste collection or processing must be adapted to the regulations amended last year, and the deadline expires on September 5, 2019. However, not all waste producers have paid attention to the fact that the change of waste permits will indirectly affect their responsibility. We invite you to read an analysis devoted to the issue in this respect.

The article by Marta Banasiak is available at: https://sozosfera.pl/odpady/co-z-tymi-pozwoleniami-jeszcze-kilka-slow-o-odpadach/ 

A partner has the right to terminate the deed of partnership. At that time, the partner leaving the partnership is entitled to payment of his/her capital share. Is the period in which the payment should be made specified in applicable regulations?

We invite you to read the text by Marcin Borkowski, PhD, attorney, of counsel published in the Gazeta Prawna cycle –  Akademia Prawa Gospodarczego: https://biznes.gazetaprawna.pl/artykuly/1410964,byly-wspolnik-wezwanie-spolki-do-wyplaty-udzialu.html

GWW success – a case crucial for the construction industry won before the CJEU! The Court of Justice of the European Union has issued judgment in case C-224/18 Budimex S.A., in which it fully shared our position that the moment of acceptance of the work by the ordering party should be considered as the moment of completion of the construction service. The construction industry heaved a sigh of relief. Owing to this won case, the rules for determining the moment of completion of construction services, which were binding until the end of 2013, will return. The General Interpretation of the Minister of Finance of 1 April 2015 also ceases to apply. We are greatly satisfied because the GWW team consistently and stubbornly run this case for many years, despite the fact that it seemed a foregone conclusion (due to unfavorable established case law and uniform position of fiscal authorities).

Resignation from membership in the management board of a capital company may prove problematic, although it is voluntary. Doubts that arise when submitting a resignation from this position are discussed by Marcin Borkowski, PhD in legal sciences, attorney, of counsel for Wprost.pl.

Link to the article: https://www.wprost.pl/biznes/10212103/dylematy-czlonka-zarzadu-odejsc-ale-jak.html

We are in the Media Law International (MLI) ranking, an independent institution that develops a guide to the best law firms dealing with media law in over 50 jurisdictions.

The team headed by attorney Wojciech Krupa, attorney Wacław Knopkiewicz and attorney Michał Sękowski was at the beginning of the ranking, taking the 1st place! Thus, we were recognized as one of the best teams dealing with media law in Poland.

On the website of the industry guide presenting the leaders of the media law practice, we can read:
GWW is widely acknowledged to be one of Poland’s leading advisory practices. The firm acts for clients from film and broadcasting sectors and is praised by peers for its work in these fields. Lawyers include Wojciech Krupa, Wacław Knopkiewicz and Michał Sękowski who are among the firm’s media law specialists. The team advises on the film production and trading in television and marketing rights.
Thank you for appreciating our work.

Congratulations for the team!

Link to a detailed overview: http://medialawinternational.com/page95.html