Przegląd Ustawodawstwa Gospodarczego Nr 01/2009

W numerze:

Katarzyna Franczak-Durczok

Zawarcie umowy przyłączeniowej w ciepłownictwie

Concluding grid connection agreement
The purpose of this article is to describe the procedure of concluding a grid connection agreement that is a condition sine qua non of elaborating the obligation to conclude the agreement on deliver and the transmission or distribution the hearting. This issue is regulated in art. 7 of Energy Law (EL). The grid connection agreement is a non - definite in polish civil code contract, but law - maker integration in its obliged elements - essentialia negotii - is significant. The procedure of concluding the grid connection agreement consists of the following stages, that appears in chronological order. This process is finished by the grid connection agreement. The procedure is started by an application of entity requesting the connection or form the request of information. Answering on application the energy enterprise gives the requirements for being connected to the grid and taking supply or refuses the connection. Then parties are entitled to negotiate the grid connection agreement or applicant can request the Chairman of ERO.
Monika Przybylska Wspólnotowy projekt powołania agencji regulacyjnych: przykład sektorów energetyczno-gazowego i telekomunikacyjnego

The Community project focused on creating the regulatory agencies: cases of the electricity, gas and telecommunication sectors
The newest frameworks with reference to reforming the infrastructural sectors are planning to create two community organs, namely the Agency for the Cooperation of Energy Regulators and the European Electronic Communications Market Authority. The mentioned organs are to replace current activities the European Regulators Group for Electricity and Gas (ERGEG) and the European Regulators Group for Electronic Communications Network and Services (ERG). The planned institutional change is to ensure efficient cooperation for the national regulatory authorities and the European Commission as well as speed up creating the internal market. The article discusses a few issues with reference to function regulatory agencies. Firstly, it presents the cases of creating new community organs. Secondly, it shows the place of regulatory agencies within the community institutions and the principles of rights' delegation by community institutions to other organs, for example to the regulatory agencies too. Thirdly, the article focuses on the legal base to create regulatory agencies taking into consideration both primary legislation and secondary legislation. Fourthly, it analyses in details tasks of the regulatory agencies. In conclusion considerations lead to opinion that the prospective regulatory agencies will not replace the activities of the national regulatory authorities but they will be advisory organs with reference to the European Commission and they will be complete activities of the national regulatory authorities.

Konsultacje

Jacek Murzydło Stwierdzenie kwalifikacji do wykonywania czynności dozoru i kierownictwa ruchu zakładu górniczego

Problem of obtaining relevant qualifications by a mining plant's managmnet and safety supervisors
The article raises the problem of obtaining relevant qualifications by a mining plant's management and safety supervisors. Among other things, it indicates the requirements to be met by persons who apply for confirming the above mentioned qualifications, acknowledging the qualifications obtained outside Poland as well as the professional titles, and also proposals put forward to the legislators with regard to amendments to be introduced in the currently binding regulation on qualifications required from managers and safety supervisors of mining plants, mining surveyors and mining geologists and the list of functions in the mining plant operations, which require special qualifications. The importance and relevance of the issue results mainly from the growing number and function of mining plants in the context of preparations for EURO 2012.

Unia Europejska

Mariusz Fras Regulacja prawna umowy ubezpieczenia w ustawodawstwie włoskim

The Insurance Contract Law In Italy
Italian insurance law is satisfactorily well uniformed. In this respect, the framework of legal regime in envisaged in the Civil Code of 1942. It encompasses all classes of insurance, including marine and aviation insurance, with small exception of insurance contracts covered by the Code of Navigation of 1942. The Insurance Chapter of the Civil Code (art. 1882 et seq.) contains several mandatory provisions from which derogations may only be made in favor of policyholder. This regulation is supplemented by the legislative decree no. 174 of 1995 on the right to withdraw and cooling-off in individual life insurance contracts. Legal background of an insurance contract brings a clear view of the position of the parties to insurance legal relationship, with regard to protection of interests of policyholders. The aim of the article is to briefly present provisions of Italian law in the scope of ways of taking up the insurance, standard terms of the insurance contract and specific

Prawo własności intelektualnej

Inga Olesiuk Problematyka równoległegostosowania prawa autorskiego i prawa antymonopolowego wobec organizacji zbiorowego zarządzania prawami autorskimi

The collateral use of copyright law and antymonopoly law against the organizations of corporate management of copyrights
The subject of the article are the rules of balancing the values legally protected by the Act on copyright and related laws and the Act on consumer's and competition's protection. First of all it is essential to set the relations between the regulations of above-mentioned acts, considering also the scope of competences of proper regulation and supervision authorities. It is a start point for critical analyse of stand-point expressed by President of Consumer and Competion Protection Office (UOKIK) in a precedented decision dated 16, July 2004 in the case of using the anti-monopoly practises by the "ZAIKS" Authors' Association. These issues are very important for whole author's environment, because they relate to elementary rules of copyrights and related rights turnover.