Przegląd Ustawodawstwa Gospodarczego has published an article by Dr Michał Będkowski-Kozioł “The axiology of the energy sector’s regulation (Part II)”.

Rzeczpospolita daily newspaper has published an article by Grażyna Sylwestrzak “An entrepreneur should know how to estimate the value of a building or plot”. The main element with respect to enforcement against real estate, as in all other methods in which a creditor is satisfied by liquidating rights or items, is an appropriate estimation.

Kochański & Partners together with Business Centre Club financed the purchase of Tadeusz Kosciuszko painting of the late eighteenth and early nineteenth century, where Kosciuszko was portrayed as an American army general.

The daily Dziennik Gazeta Prawna newspaper has published an article entitled “Simplified liquidation happens to be costly for clients” containing statements made by Konrad Orlik. Damage is liquidated increasingly quicker and cheaper by insurance companies. However, the insured does not always benefit from this.

The daily Dziennik Gazeta Prawna newspaper has published an article entitled: “Strasbourg is of no help to companies” containing statements made by Dr. Marek Jeżewski. The Tribunal alone could attend to a business. However, the ECHR pursuant to Article 41 of the Convention, may obligate a State to rectify damage completely.

The daily Dziennik Gazeta Prawna newspaper has published an article entitled: “A resident shall settle housing cooperative charges in its rent payment” containing a statement made by Mateusz Ostrowski.

The daily Dziennik Gazeta Prawna newspaper published the statements of Kamil Osiński in an article entitled: “The owner of a building is at the mercy of the commune administrator”. An entry in the register of monuments impedes fundamental ownership rights by restricting the use of the real property.

The daily Dziennik Gazeta Prawna newspaper published the statements of Mateusz Ostrowski in an article entitled: “The demarcation of real property: court is not for everyone”. A recent resolution adopted by the Supreme Court was a response to the question: who is the applicant in proceedings with respect to the demarcation of real property, this resolution may limit the right to go to court.

Dr. Michał Będkowski-Kozioł coedited the latest (7/2014) issue of Internetowy Kwartalnik Antymonopolowy i Regulacyjny IKAR (Internet Antitrust and Regulatory Quarterly) devoted to railway transport law. His article entitled “Status and tasks of the European Railway Agency – the current status and prospects in light of the IV railway package of the EU” was published in the issue.

The daily Dziennik Gazeta Prawna newspaper has published statements made by Filip Kona in an article “Senior citizens will not pay radio and television subscription fees, should the post office know our personal data.” The Senate’s draft bill envisages an exemption, under law, for the elderly from having to pay radio and television fees. This may, however, entail making available the personal data of all subscribers to the operator.

The daily Dziennik Gazeta Prawna newspaper has published an article containing remarks made by Konrad Orlik, entitled: “A complaint to Strasbourg could be submitted through the Internet”. Tests of an ICT system which allows for the submission of pleadings to the European Court of Human Rights will commence at the beginning of 2015.

An article by Dr. Michał Będkowski-Kozioł entitled: “The axiology of the energy sector’s regulation” (part 1) has been published in the Review of Economic Legislation (Przegląd Ustawodawstwa Gospodarczego) No. 11/2014. Part 2 will be published in the next issue of the PUG.
Part one will discuss such issues as the location of the function of economic regulation in the context of the “economic constitution” of Poland, systematics of objectives (values) underlying the regulation of the energy sector under Energy Law, and environmental protection as a goal of regulatory interference in the functioning of the energy sector.

Dziennik Gazeta Prawna daily newspaper has published remarks made by Dr. Michał Będkowski-Kozioł in an article entitled: “More entitlements for electricity buyers”. Polish energy law is not adjusted to a European Union directive. A recent judgment of the Court of Justice should allow for the admission of buyers to proceedings before the President of the Polish Energy Regulatory Office. Michał Będkowski-Kozioł: “this would paralyze the market”.

The European Court of Human Rights decided to pursue a complaint submitted to the Court by advocates from the Litigation and Arbitration Department of Kochański Rapala and Partners.
The complaint was submitted on behalf of Krzysztof Koniuszewski – a journalist from Auto-Świat, a weekly magazine published by Ringier Axel Springer Polska – who was sentenced for defamation by a legally-binding decision of the Regional Court in Warsaw.

The daily Rzeczpospolita published an article entitled: “Handling with re-privatization by way of an act” that contains statements made by Kamil Osiński. A draft amendment to the law that is supposed to stop claims to the land covered by the so-called Bierut Decree has currently been prepared.

The daily Dziennik Gazeta Prawna has published an interview with Konrad Orlik “Limits imposed on court bailiffs can hit the creditors” – “First and foremost, my concerns relate to the security of the creditor’s interests, for whom rapidity of actions undertaken by a court bailiff and, efficient communication with enforcement authority is crucial for the proper protection of his interests. Another concern relates to the improvement of the competitiveness among the court bailiff offices. “

The daily Dziennik Gazeta Prawna today published comments made by Paweł Gunia in an article entitled: “Bankruptcy abroad will no longer be so simple”. A numbers of companies have offered their assistance by conducting consumer bankruptcy in a different country. However, this area of business is slowly coming to its end.

The daily Dziennik Gazeta Prawna has quoted comments made by Dr. Ireneusz Matusiak in an article entitled: “A trademark contained in a domain’s name continues to result in disputes”. Is a trademark breached if the internet website marked with a particular domain name does not contain any content, does not directly refer to any goods and services covered by the protection right or indirectly through a link?

An opinion provided by Konrad Orlik has been published by the daily Dziennik Gazeta Prawna in an article entitled “Instead of assessing the effectiveness, there shall be a limit of cases taken by court bailiffs”. Konrad Orlik agrees with the ideas and observations made by the Polish Confederation Lewiatan with regards to a bill amending the Court Bailiff and Execution Act: the bill deserves its poor assessment as it will not lead to the changes required by those applying for them, therefore, different solutions are required.

The University of Warsaw’s team trained by Natalia Kabacińska won the 7th Foreign Direct Investment International Arbitration Moot – the largest international investment arbitration contest, which was held on 24-26 October at Pepperdine University (California).

The team beat teams from Harvard University and King’s College London, amongst others, to reach the final with New York University.

The achievement represents the greatest success that a Polish university has managed in an event of its kind.

Dr. Andrzej Malec, the new Rector at WSAP stated in the daily Gazeta Wyborcza “Haven’t passed your secondary school final examinations (Matura)? Thinking of studies? Attend lectures”. Academy Plus secondary school final examinations (Matura)– an initiative of the College of Public Administration in Bialystok. It is addressed to those that failed to pass their secondary school final examinations (Matura) at the first time of taking – and wish to make another attempt in May. It is also targeted at those who would like to appreciate what it means to be a student and attend lectures whilst not being enrolled.

The daily Dziennik Gazeta Prawna has published comments made by Karol Połosak “A business activity not only to gain profit”. Conducting an activity in an organized, continuous way whilst having a non-profit nature – the new definition of a professional business means that many entities will be subject to registration and additional tax obligations.

The GazetaPrawna.pl portal has published an article by Konrad Orlik and Mateusz Ostrowski entitled: “Will the sale of property help in avoiding execution”. It is in the creditor’s interest to ensure that property is effectively seized, otherwise a debtor could effectively delay the process of execution.

The Gazeta Prawna website has published an interview with Paweł Borowski: “An enterprising use of mediation. Reaching a settlement should be easier”. A key issue with respect to finding efficient solutions, and should be taken note of, when taking a right and contemporary path, will be regulated in draft provisions concerning the method of selection of a mediator and the appropriate determination of qualifications required to conduct mediation – said Paweł Borowski with regard to a bill for the regulation of mediation in Business Law.

On 14 October 2014, the Court of Appeal in Warsaw dismissed an appeal in whole which was submitted by the General Inspectorate of Road Transport in a case brought against the editors-in-chief of the daily “Fakt” tabloid newspaper – G. Jankowski and R. Feluś, and the editors-in-chief of its accompanying website, fakt.pl – K. Sielicka and M. Wodziński, which recognized that the Judgment issued by the court of first instance corresponds with law.

Dziennik Gazeta Prawna published the statements of Paweł Borowski in the article “Facilitating may be decisive in the timelines of decisions”. Paweł Borowski is of the opinion that in order for the one-off data transfer rule to be effective, it is worth considering an extension to the functions of an electronic platform, which is already used for government services (e-PUAP).

Adam Nawałka and Piotr Kochański go up!

11 października 2014 roku w Collegium Novum dr Andrzej Malec, Partner odpowiedzialny w KZRP za Praktykę Law & Economics, będący także nowym rektorem Wyższej Szkoły Administracji Publicznej im. Stanisława Staszica w Białymstoku, uroczyście zainaugurował rok akademicki 2014/2015. Podczas uroczystości z przemówieniem inauguracyjnym wystąpił również dr Marek Jeżewski, Partner w KZRP odpowiedzialny za Praktykę Arbitrażu Inwestycyjnego. Wykład inauguracyjny “Podatki a demografia” wygłosił prof. Robert Gwiazdowski, prezydent Centrum im. Adama Smitha.On October 11, 2014 at Collegium Novum, Dr Andrzej Malec, Partner at KZRP responsible for the Law & Economics Practice, who is also the new rector at Stanisław Staszic College of Public Administration in Białystok, officially inaugurated the academic year of 2014/2015. Also, during the ceremony Dr. Marek Jeżewski, Partner at KZRP responsible for the Investment Arbitration Practice, presented an inaugural speech. The inaugural lecture “Taxes and Demography” was delivered by Prof. Robert Gwiazdowski, President of the Adam Smith Center.

KZRP has been found to be one of the most innovative law firms in the World in an independent and free ranking survey conducted by the elite British newspaper, the Financial Times. For the first time in the history of the publication of the report has a Polish law firm been acclaimed. A record number of 550 applications were submitted to the organizers this year. KZRP has been classified amongst several long-established leading global law firms.

Schemes of Arrangement – how they may be used by Polish debtors in a restructuring. On 14th October 2014 KZRP together with Osborne Clarke organise a joint seminar where we would like to explain UK Schemes of Arrangement and how a Polish bank may be affected if a borrower opts to use this procedure.

Today’s issue of the daily Dziennik Gazeta Prawna includes a publication containing comments made by Filip Kona entitled: “A dispute related to the right of Poczta Polska to collect television and radio subscription fees”. Subscribers that have received calls for payment, have made use of a legal loophole to avoid payment to the operator. Poczta Polska argues that they are wrong to do so. Experts are of the opinion that the problem should be resolved by the courts.

British-Polish Chamber of Commerce has published an article by Tobiasz Szychowski and Filip Kona in Contact Online “Poland and Britain – past, present and future” about the UK investments in Poland and the Polish investments in UK, including a historical overview on Polish-British complex relationships.

The daily Dziennik Gazeta Prawna and Lexis Nexis Publishing House have announced the results of their Rising Stars contest – Legal Leaders of Tomorrow 2014. Magdalena Mitas, head of the Energy Law and Environment Protection Practice at KZRP was ranked 7th amongst 30 laureates. The following criteria was considered above all by the jury for the selection of “Rising Stars of Law”: creativity, innovation, scientific knowledge and openness to new market trends.

The Financial & Capital Markets Department at Kochański Rapala & Partners Law Firm has been providing advice to the Institute for Analysis and Rating (Instytut Analiz i Ratingu S.A.) as of its establishment in June this year with respects to all aspects of its activity.
The purpose of the IA&R, which was established by the Warsaw Stock Exchange in Warsaw S.A., is to bridge the gap in the rating offer on the local market in the segment of small and medium-sized enterprises. IA&R’s activity is supposed to support the development of the debt market, especially debt instruments issued by mid-sized private companies.
Work undertaken for IA&R has been supervised by: Rafał Zięba, advocate, Partner, Head of the Financial & Capital Markets Department and Szymon Gałkowski, advocate, Partner in the Financial & Capital Markets Department.

http://http://www.bpcc.org.pl/pl/article/kancelaria-kochanski-zieba-rapala-i-partnerzy-doradzaja-instytutowi-analiz-i-ratingu-s-a-przy-gpw[2010450].html

Beck’s Large Commentary “Competition and Consumer Protection Act. Commentary” has just been released on the market. Dr. Michał Będkowski-Kozioł is a co-author of the Commentary (the whole of which was edited by Professor Tadeusz Skoczny).

On 17 September, Mr. Rafał Rapala accepted the Ambassador of Polish Economy 2014 diploma from the hands of Minister Katarzyna Kacperczyk and Mr. Marek Goliszewski, President of the BCC, which was awarded to our Law Firm in the category: “Creator of 21st Century solutions” by the Business Centre Club and the Ministry of Foreign Affairs. This is the second time that our Law Firm has been awarded the title of Ambassador. Last year we were distinguished in the category: “Foreign companies’ partner”.

Valkea Media, publisher of the weekly Warsaw Business Journal, has published its law firm ranking results. This year, KZRP has been ranked 7th.

On September 5, 2014, Dr. Andrzej Malec assumed the post of Rector at the Stanislaw Staszic College of Public Administration in Bialystok. The task of the new Rector will encompass restructuring the college: adjusting to new market challenges and the strengthening of its business profile. The College will renew relationships with business associations, including law firms, so as to ensure that the education of students is best tailored to market requirements. This will be of huge benefit to students who shall be better prepared in their efforts of seeking employment or with a view to commencing their own business, as well as for business associations that will receive a labor force which is qualified in accordance with their needs.

An article of Rafał Bobkiewicz entitled “How to fight against inertia” has been published in the daily Rzeczpospolita. If an entrepreneur obtains a decision stating that his case is protracted, he may address the case through the civil courts and pursue compensation for incurred damage.

Szymon Gałkowski statements were published in the article “Playing the annihilation of the Supervisory Board may be challenged” in Gazeta Prawna. Member of the Supervisory Board must take into account the fact that the court considers his resignation to be effective only after a certain point.

Magdalena Mitas statements are contained in an article published by the Dziennik Gazeta Prawna “The municipality shall bear the costs, but that district will build”. Expenditure from municipal budgets for the preparation of land for investment will be disproportionate to the powers of the mayor in this regard.

Kamil Osiński comments on the risks of renting out an apartment through the services of Airbnb, especially popular during the holiday season. Websites offering cheap accommodation are becoming more and more popular among tourists and have become serious competition to the hotel industry. However, their existence on the Polish market entails a number of legal uncertainties.

The portal GazetaPrawna.pl has published remarks made by Filip Kona in the article entitled: “Legia continues to fight for a Champions League place: UEFA could choose a penalty which is adequate to the offence”. Legia’s officials are still fighting for the club to have a place in the last classification round of the Champions League. – Bereszyński’s case, although not complicated, has provided UEFA’s deciding authority the possibility to choose a penalty which is adequate to the offence, including a suspension of its execution – claims Filip Kona, advocate.

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Remarks made by Magdalena Mitas have been inserted in the article entitled: “Inhabitants will check every construction site” published in the daily Dziennik Gazeta Prawna. A new law is supposed to facilitate the ability for investors to obtain land, and guarantee that local societies shall control investments.

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Intuition, mind, accepted norms…? – It is really difficult to weigh up life versus life – says Dr. Andrzej Malec, a logician, philosopher and lawyer, and author of the book entitled: “The Arithmetic of Conscience”, who was a guest of Dariusz Bugalski in the “Trójka Club”.

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Rafał Bobkiewicz, ekspert prawa międzynarodowego i arbitrażu, został powołany do Zarządu Departamentu Polsko-Ukraińskiego w Club Español del Arbitraje. Club Español del Arbitraje z siedzibą w Madrycie jest międzynarodową organizacją zajmującą się popularyzacją idei arbitrażu na świecie. Klub organizuje konferencje, wydaje biuletyny i aktualności, a także zajmuje się wypracowywaniem najwyższej klasy standardów dla arbitrażu.

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Rafał Bobkiewicz, international law and arbitration expert, has been appointed to the Management Board of the Polish-Ukrainian Department of Club Español del Arbitraje. Club Español del Arbitraje, with its seat in Madrid, is an international organization which is responsible for the popularization of the arbitration concept throughout the world. The Club organizes conferences, publishes bulletins and topical events, as well as develops high standards of arbitration.

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Mamy zaszczyt poinformować, że Kancelaria Kochański Rapala i Partnerzy otrzymała wyróżnienie od międzynarodowego wydawnictwa IFLR1000 w rankingu prawniczym Energy & Infrastructure Review CEE 2014. Indywidualnie została wyróżniona Magdalena Mitas w dziedzinie prawa energetyki i infrastruktury.

Mamy zaszczyt poinformować, że Kancelaria Kochański Rapala i Partnerzy otrzymała wyróżnienie od międzynarodowego wydawnictwa IFLR1000 w rankingu prawniczym Energy & Infrastructure Review CEE 2014. Indywidualnie została wyróżniona Magdalena Mitas w dziedzinie prawa energetyki i infrastruktury.