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Przegląd Ustawodawstwa Gospodarczego Nr 02/2009

Przegląd Ustawodawstwa Gospodarczego Nr 02/2009

ISSN: 0137-5490
Dostępność: Produkt niedostępny
Liczba stron: 32
Miejsce wydania: 2009 Warszawa
Oprawa: miękka
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Artykuły


Anna Nykiel-Mateo Pomoc de minimis w europejskim prawie wspólnotowym

"De minimis" aid in the European Union law
Ordinance no. 1998/2006 introduced many modifications in the range of using the "de minimis" rules in relation to the state aid and it includes the elements allowing to explain some issues of general nature such as classification the "de minimis" aid as the state aid or classification of financial sources from the European Union source as the state aid. Althought it may be imputed to the ordinance that it is inconsistent with the general demand to strengthen the economic analyse in a scope of common supervision on the aid sources, however its meaning to decrease the administrative charge not only to the Commission, but also to the member states, makes it consequently reformative within the Commission policy in a scope of supervision on the aid. It has a crucial meaning in the time of financial crisis, when it is necessary to enable the Commission to focus on the aid for banks and to make faster the decision making procedures in the scope of this aid. It is also significant in protection of financial stability and in order to avoid a situation in which the crisis spread on the other branches of the economy.

Mariusz Czyżak

Odpowiedzialność za wykonywanie działalności telekomunikacyjnej bez wpisu do rejestru przedsiębiorstw telekomunikacyjnych

Responsibility for conducting telecommunications activity without entry in the telecommunications undertakings register
Every entity may undertake, conduct and terminate economic activity under equal rights and pursuant to terms and conditions set forth by the law (Article 6 Section 1, Act on Freedom of Economic Activity). The telecommunications activity which constitutes economic activity is regarded as the regulated activity and is subject to an entry in the telecommunications undertakings register which is being kept by the President of the Office of Electronic Communications. An entry in the register is carried out on the basis of written application submitted by the entrepreneur or other entity authorised to perform business activities. Conducting telecommunications economic activities without entry in the register is an offence subject to custody, restriction of freedom or fine (Article 63 Paragraph 1, Petty Offence's Code). Performance of his activity in a scope not included in the application for entry in the register shall be punished with an administrative financial penalty (Article 209 Section 1 Point 2, Telecommunications Law). However, it seems that liability for this kind of infringement of provisions of law shall be exclusively of penal and administrative character as on the basis of binding legal order entrepreneur which is a natural person is subject to petty offence liability as well as penal and administrative liability, while entity of corporate nature is exclusively subject to penal and administrative liability.

Justyna Bazylińska

Rozporządzenie 2006/2004/WE - tzw. rozporządzenie w sprawie współpracy w dziedzinie ochrony konsumentów

EU consumer protection - cross-border enforcement - Regulation No 2006/2004
Public enforcement authorities in the Member States play a decisive role in ensuring that consumer protection laws are correctly enforced. Regulation (EC) No 2006/2004 on Consumer Protection Cooperation was adopted in 2004 to tackle the growing cross border problems in the Internal Market. It lays down the framework and general conditions under which authorities, responsible for enforcement in the Member States, are to cooperate.The Regulation links up national, public enforcement authorities in an EU-wide Enforcement Network which has been given the means to exchange information and to work together to stop rogue traders or any other cross-border breach to consumer protection laws. This study is a legal analysis of possible problems resulting from the cooperation between the Commission and the competition authorities of the EU Member States in the defense of the collective interests of consumers.

Katarzyna Zajączkowska-Weremczuk

Prawne znaczenie instytucji utworzonych do gromadzenia, przetwarzania i udostępniania informacji stanowiących tajemnicę bankową

Legal meaning of the institutions created to gather, process and provide information constituting bank secret
One of the basic human rights is the right to privacy. The rule of respect for private life has become an element for considering the inherent dignity and freedom of a human being declared in a law-respecting state. In accordance with the views expressed by the doctrine if the duties defined in legal norms decide about the situation of a person subject to state jurisdiction, then his/her freedoms should take the character of a freedom protected by the law, and human rights should become the subjective rights. The right of protection of private life is granted to everyone by Art. 47 of the Constitution. However, the constitutional right to privacy is sometimes limited. An element of private life are the personal data gathered by various institutions and for various purposes. In this background, the widely used credit information which includes an essential collection of data concerning persons who are bank clients is very distinctive. Information processed by institutions referred to in Art. 105 item 4 of the Banking Law, i.e. the so called credit information offices, is very important for bank activity. Credit information offices operate nearly in every state and every place of the world. They have the character of a public institution, usually run by the central bank, to which banks are obliged to provide information, or a private institution - operating according to commercial principles, where the obligation to deliver information results from the contract.

Kajetan Górny

Problem błędnego przetłumaczenia art. 3 Konwencji Organizacji Narodów Zjednoczonych o umowach międzynarodowej sprzedaży towarów (CISG)

Problems resulting from incorrect translation of article 3 of United Nations Organization Convention on contracts of international sales of goods ( CISG)
Poland, similarly to other countries, is signatory to an increasing number of international treaties. These agreements are most often concluded in a language other than Polish. To allow Polish recipient to understand the agreements, the original versions of the agreements are published along with their official translations into Polish. Unfortunately, however, translations sometimes contain errors. Such is the case with, among other things, Article 3 of the Convention of International Sale of Goods. The original text of Article 3 differs considerably from its Polish translation. This article points to the problems which have arisen as a result of an incorrect translation of this regulation into Polish. For example, it is not wholly clear which should prevail: the original version of the Convention or its official translation. Furthermore, the Polish law does not indicate the legal procedures which would allow for identifying translation errors. Particular attention deserves also the issue of the legislator's liability for incorrect translations.

Unia Europejska

Mariusz Fras

Regulacja prawna umowy ubezpieczenia w ustawodawstwie luksemburskim

The Insurance Contract Law In Luxembourg
The most significant regulation of insurance contract law in Luxembourg is Loi du 27 juillet 1997 sur le contrat d'assurance, which provides legal framework for all classes of insurance, including marine insurance. It is supplemented by legislative acts establishing special regime of motor liability insurance - mainly embodying transposition of the European Motor Directives, laws on protection of consumers and on protection of personal data. The aim of this article is to briefly describe the most essential issues related to a standard contract of insurance under Luxembourgian law, enriched with additional remarks on certain types of insurance where needed. By way of example, a mention will be made to chosen particular methods of concluding the insurance contract, i.e. through pre-signed policies or cover notes, which entail different methods of termination of the contract.
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