K&P Archives - 2023

Sustainable transformation driven by the CSRD

Esg En

Europe is set to become climate neutral by 2025. The transformation that the European Union, its Member States and, by extension, businesses will undergo will be unprecedented.

2023 Energy Summary

Energy En

The beginning of a new year is the perfect time to summarise the past twelve months, taking stock of our successes and challenges.

Let’s Talk about Human Rights | Freedom of expression

50

Freedom of expression is a basic human right that forms the cornerstone of democratic societies around the world. It encompasses the freedom to express one’s thoughts, opinions, ideas and beliefs without fear of censorship or retribution.

Let’s Talk about Human Rights | Gender equality

51

Gender equality is a fundamental principle that underpins the pursuit of justice, fairness and human rights in society. The empowerment of women allows for the establishing of peaceful, balanced societies which allows us to reach our full human potential, whilst contributing to productivity and sustainable development. To achieve gender equality, there must be freedom of […]

The ESG Committee at Kochański & Partners

1

Doing business in a way that respects the environment, addresses the challenges of climate change, celebrates diversity and applies the highest standards of governance is an ongoing process and a commitment to continually raise the bar.

How to secure a uranium supply for nuclear power in Poland

Energetyka Eng

The success of the Polish nuclear power industry depends not only on the proper planning of the investment process for the construction of reactors, but also on the preparation for the operation of existing facilities.

A revolution in the existing rules for alternative investment companies (AICs)

1

With the adoption of the Warzywniak act, the lawmakers introduced both minor and significant changes to the regulations governing investment funds and the management of alternative investment funds, which had unfortunate consequences for the operation of AICs, the Polish capital market and the very institutions that create this market.

EU greenwashing ban moves closer

Greenwashing Eng

Customers, investors and business partners are increasingly interested in products and services that respect the environment.

Defence-side litigation finance

Liti En

Third-party funding (TPF) has been used successfully in arbitration and litigation for many years, and in our experience, has recently been increasingly used by Polish companies.

First AI legislation in the US

1

President Joe Biden has signed an executive order on safe, secure and trustworthy AI, imposing a series of obligations on the AI technology sector based on the principles of transparent and responsible machine development.

Marek Jeżewski on contemporary Polish and European arbitration

Marek Jezewski Arbitration

Arbitration requires specialisation, and immersion in the subject matter of a dispute, so the fundamental characteristic of the relationship between an arbitrator and the parties is trust, says Marek Jeżewski, who was a guest of Konrad Czech and the Bulletin Vlog podcast of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw.

MDR reporting requirements back on track

46

We would like to invite you to a training session where we will discuss in detail the rules, deadlines and manner of reporting tax schemes by individual reporting entities, i.e. beneficiaries, promoters and intermediaries.

Invalidity of a transaction vs. deduction of VAT

1

According to the Supreme Administrative Court (Naczelny Sąd Administracyjny, NSA), a taxable person may not be deprived of the right to deduct VAT simply because a legal transaction is invalid from a civil law perspective.

New fuels make airports greener

Paliwa Lotnicze En

ReFuelEU Aviation is an ambitious step towards decarbonising the aviation sector by promoting the use of green aviation fuels. However, the upcoming ‘aviation fuel revolution’ may require additional investment.

DORA – how quickly is the clock ticking

Jan Ziomek Dora Eng

DORA, the EU regulation for digital operational resilience of the financial sector, is designed to create a robust, homogeneous EU wide network, by laying down new regulations requiring ICT entities to provide security against cyber risk, whilst managing any cyber incidents in a consistent manner.

SLAPP: What’s new

Spory Eng

Poles, and primarily those who serve civil society, need regulations to protect their participation in public life more than any other EU citizens, with Poland notorious for leading the pack in the number of SLAPPs filed, according to the CASE Foundation report.

‘Warzywniak’ Act for business operators

Warzywniak Eng

On 29 September, the Act amending certain acts in connection with ensuring the development of the financial market and the protection of investors (‘Warzywniak’ Act) entered into force.

New biomethane law

Biometan Eng

The European Union has set ambitious biomethane production targets. By 2030, biomethane production in the EU is expected to reach 35 bcm, equivalent to ca. 15% of the EU’s gas demand.

Action against ChatGPT – first lawsuits involving the famous chatbot

Spory Technologie Eng

The Polish Copyright and Related Rights Act currently appears to be insufficiently adapted to provide adequate protection for creators whose works are used to train artificial intelligence, and is limited to considering a work solely as a manifestation of human activity.

Tax Relief for New Technology and Innovation

Tax Focus Technologie Eng

If you are considering using a particular relief, it is worth doing a thorough analysis of the tax legislation and checking whether you are actually entitled to it.

Transfer pricing: last call

Tax Focus Ceny Eng

This year, the Ministry of Finance has decided not to extend the deadlines for fulfilling transfer pricing obligations. This means that the deadlines resulting directly from income tax acts will apply.

We effectively assist in life saving humanitarian missions to Ukraine

Pomagamy Ukranie En

The entire civilised world is helping Ukraine in its fight against the aggressor. Because this is our common challenge – to withstand and repel further attacks, while systematically strengthening and building a new, stable and strong security system encompassing the whole of Europe.

Prohibition of self-dealing 

Prawo Korporacyjne Sam Ze Sobą Eng

According to the lawmakers, the introduction of the prohibition in the Civil Code was justified, inter alia, by the need to ensure the protection of the interests of a principal, i.e. a person who authorises another entity to represent him/her in an act having a direct effect for him/her.

Celebrating Pride Month

Pride Month

In our daily work and business life, we want to create a space where everyone can feel at home – confident, comfortable and safe.

Questions and answers following the CJEU judgment C-520/21 of 15 June 2023

FAQ ENG

The role of an instruction by the Court Following the CJEU judgment of 29 April 2021 issued in Case C-19/20, a rule was introduced to the effect that in CHF mortgage cases the consumer should be informed of the potential consequences of the court allowing the consumer’s claims against the bank. The CJEU stated that […]

Commentary to CJEU judgment C-287/22

TSUE 3 ENG

In its judgment C-287/22, the CJEU has answered the question of whether a national court adjudicating a case brought by a consumer challenging the validity of a loan agreement, may dismiss a consumer’s application for an interim measure, having regard to consumer protection regulated by Articles 6(1) and 7(1) of Directive 93/13. The Court stated […]

Infrastructure investment vs. nuclear power

Biznesalert Eng

Due to the fact that the construction of a nuclear power plant in Poland is a recurring topic of public debate, current legislation, aided by obligations assumed at the level of the European Union and international law, generally deals with nuclear technology in a comprehensive manner.

Unitary Patent & Unified Patent Court – a revolution in patent protection

Znaki Towarowe En

After years of discussion and preparation, the EU’s unitary patent system is becoming a reality and is expected to start on 1 June 2023. This is a real revolution in patent protection in the European Union, as with the entry into force of the unitary system, the Unified Patent Court will also commence its activities.

Glowing recommendations in The Legal 500 EMEA 2023 ranking

Legal 500 Eng

Recommendations in 12 practice areas, 33 individual recognitions, numerous promotions and a host of glowing opinions, referrals and tributes. The results of this year’s The Legal 500 ranking have just been released, with many success stories to be proud of!

National e-Invoicing System | Tax Focus

113

On 15 March this year, the Standing Committee of the Council of Ministers gave its favourable opinion on a bill concerning amendments to the VAT Act and certain other acts in connection with the introduction of a mandatory National e-Invoicing System (KSeF).

Pledge as security for financing

Zestaw Rejestrowy Eng

In the current economic situation and with inflation constantly on the rise, companies are increasingly looking for external financing to maintain their business at its current level or to ensure continued growth.

Latest amendments to the Labour Code

Prawo Pracy Eng

On 4 April 2023, the Act of 9 March 2023 amending the Labour Code was published. The changes will come into force after 21 days, i.e. on 26 April 2023.

(Re)building (new) Ukraine

Jakub Krysa Puls Biznesu Ukraina Eng

In today’s edition of Puls Biznesu Jakub Krysa explains how the process of rebuilding Ukraine is going and to what extent Polish companies are involved.

Slim VAT 3.0 | Tax Focus

111

On 8 March this year, the first reading was held of the bill amending the Value Added Tax Act and certain other acts – i.e. the so-called SLIM VAT 3 (print no. 3025).

Unity4Ukraine

Unity For Ukraine

We have been talking about the necessity of post-war reconstruction in Ukraine from the very beginning. And always concretely.

The Ideas Powered for business SME FUND

108

The SME Fund is a project supported by the European Commission and the European Union Intellectual Property Office (EUIPO). Applications can be submitted continuously until 8 December 2023.

How to buy cloud services

104

An effective, sustainable, systemic and cost-optimised digital transformation is the dream of every company or organisation manager.

Earn-out: a win-win

Www.en

The valuation of a company is the cornerstone of any M&A transaction. Naturally, sellers want to achieve the highest possible price, while buyers do not want to overpay.

WE work together to find ambitious law students

110

“Kochański & Partners Master Academy” is a comprehensive project designed to help young law students mature in their career choices, develop self-awareness and improve their leadership and teamwork skills.

Shareholders’ agreements – what is their purpose

90

The articles of association of a limited liability company or a joint-stock company cover corporate governance issues and mutual relations between shareholders. Sometimes, however, these are not detailed enough.

Compulsory redemption of shares in a limited liability company

Parafraza Rzeczpospolita En

Shareholders who obstruct cooperation or do not fulfil their obligations may be excluded from company operations by an internal decision of the remaining shareholders, e.g. through the compulsory redemption of shares under Article 199 of the Commercial Companies Code.

Agnieszka Chrzanowska appointed Publications Officer at the IBA’s Media Law Committee

93

We have been active in the international legal community for years, engaging in numerous initiatives and projects. This appointment fosters the creation of close relationships and will undoubtedly strengthen our position in the international arena. The international success of Kochański & Partners Agnieszka Chrzanowska, Partner and Head of our Media Sector, has been appointed Publications […]

A wave of NFT-related trademark applications

Znaki Towarowe En

We have followed the trend in trademark applications for NFT-related protection and the conclusions are clear: what started as a trickle has become a flood, with tycoons from virtually every industry jumping on the bandwagon.

Non-existent company resolutions

Korpo Eng

In order to protect shareholders against defective resolutions being used in transactions, the Commercial Companies Code provides, in principle, for a closed list of legal instruments.

Share transfer restrictions in shareholders’ agreements

87

The imposition of restrictions on the transferability of shares and the introduction of relevant related procedures are among the most important issues to be negotiated prior to the conclusion of shareholders’ agreements.

We are working for sustainable development – together with the UN Global Compact, we are changing the world for the better

Www En

We are a new member of the United Nations Global Compact, the world’s largest corporate sustainability initiative. This means that we not only advise and raise our clients’ awareness of environmental issues, the need for energy transition, human rights and corporate governance, but also that we ourselves apply sustainability best practices in our daily work.

An Overview of 2022 Tech Regulations

Technologie En

Before embarking on any New Year’s resolutions, it is worth starting with a moment of reflection on the year gone by. In the EU, 2022 brought a number of new regulations in the new technology market, so let’s take a closer look at them. The following is our selection of the most important developments and legislative initiatives to emerge in 2022, which will significantly influence further international and national IP/IT regulations.

New Year – the Year of Indexation

Infrastruktura En

The downtime and supply constraints associated with the pandemic, followed by similar disruptions brought about by the war in Ukraine, with material price increases that have been building up for years, crowned by rampant inflation have all had a disastrous effect on the sector.

Changes to commercial companies law at the turn of the year

Korpo En

In 2022, the Commercial Companies Code has undergone significant changes, including the introduction of the so-called holding law laying down the principles of operation of groups of companies, which we wrote about in the ‘Controversial Amendment to the CCC’ article.

The case of Hermès trademark infringement in the Metaverse is gaining momentum

Ip En

The year end is a good time for summaries, so let’s take a further look at the status of the Hermès brand case, how the litigation pending before the U.S. District Court for the Southern District of New York emerged, and examine recent decisions taken in this case to see what conclusions can be drawn for future brands entering the Metaverse.