Przegląd Ustawodawstwa Gospodarczego nr 09/2011

SPIS TREŚCI
 
Aleksander Lipiński, Uniwersytet Śląski
Nowe prawo geologiczne i górnicze (ustawa z dnia 9 czerwca 2011 r.)
Summary
The New Geological and Mining Law Act of Parliament of 9 June 2011
The new Geological and Mining Law of 9 June 2011 (enters into force on 1 January 2012) does not amend any substantial solutions of the hitherto prevailing Act. The main purpose of its is the simplification of some the rules referring to geology and mining, as well as to strengthen the position of the entrepreneur and the guaranty of an investment. This new Act refers, inter alia, to:
-  a new legal model of the property rights to some minerals of basic meaning for the economy (so called mining ownership that is vested in the State Treasury; it refers for example to hydrocarbons),
-  more transparent rules referring to the concession procedures,
-  a new model of hydrocarbons concessions,
-  the regulation of professional qualifications (directly by the above Act of Parliament and not by the regulations provided by the ministers as it till now),
-  the more precise rules referring to the legal regime of the mining plant,
-  a new model of financial liability for the violating of some legal obligations referring to the functioning of the mining plant.
 
Aleksander Maziarz, Akademia Leona Koźmińskiego
Usługi świadczone w ogólnym interesie gospodarczym
Summary
The services in general economic interest
The article focuses on the concept of services of general economic interest which on the one hand, meet the public interest in many basic needs, on the other hand, limit the competition and thus economic freedom. 
The aim of  article is to define which services can be considered as services of general economic interest by taking into account UE provisions, decisions of European Commission and judgments of European courts. It also focuses on the role of the member states in deciding which of the services can be considered as services of general economic interest and on the status of  undertakings which are conducting such services. It focuses on how Member States are granting such services and how compensation of undertakings is determined. 
It describes the conditions of exemption of competition rules by undertakings and Member States performing such services and describes how European Commission is controlling of nationally defined services of general economic interest. It describes recent directives and decisions which liberalized sectors on which previously operated only undertakings providing such services.
 
Małgorzata Sieradzka, Wyższa Szkoła Zarządzania i Prawa im. H. Chodkowskiej
Utrudnianie dostępu do rynku innym przedsiębiorcom przez sprzedaż towarów lub usług poniżej kosztów w postępowaniu o udzielenie zamówienia publicznego
Summary
Obstructing entry of new entrepreneurs onto market by means of unjust low-price sales of goods and services in the contract award procedure.
Acts of unfair competition involving sales of goods and/or services below their production or service cost or their resale below the purchase cost in order to obstruct market entry or to  exclude other entrepreneurs from the market constitute grounds for rejecting a tender of an economic operator in the contract award procedure.
A proper interpretation of a prerequisite for rejecting a tender, which submission falls under  an act of unfair competition in accordance with art. 89, § 1.3 of the Act of 29 January 2004 – Public Procurement Law, becomes of key importance from the point of view of consequences for the economic operator,  especially in the light of the question, raised in the literature,  of legitimacy of the right granted to the awarding entity to qualify a submitted tender is an act of unfair competition. Differences in the meaning of the terms: "glaringly low price" and "tender price differentiation" should be pointed to as well. Lowering of the tender prices may be a prerequisite to reject a tender if the features of a tort of unfair competition are present. On the other hand a glaringly low tender price is subject to evaluation in accordance with the Public Procurement Law although civil liability under provisions of the unfair competition law may be taken into consideration in such a case.
 
Tomasz W. Kolasiński, Uniwersytet Warszawski
Konkurencyjność małych i średnich przedsiębiorstw w Afryce subsaharyjskiej. Wybrane zagadnienia
Summary
Competitiveness of SMEs in sub-Saharan Africa. Selected issues
Today’s global economy and borderless market provide opportunities for increased international trade and the creation of economic wealth but only to selected regions of the world – only where the allocation of resources and capital assure best returns.
A nation’s competitiveness depends on the capacity of its industry to innovate and upgrade. Organisations gain advantage against the world’s best competitors because of pressure and challenge. They benefit from having strong domestic rivals, aggressive home-based suppliers and demanding local customers. Competitive advantage is created and sustained through a localized process. Differences in national values, culture, economic structures, institutions contribute to competitive success.
Private sector development is an essential component of economic growth and poverty reduction in developing countries. It is a source of innovation and employment. A competitive private sector can also empower poor people by providing them with low price goods. While it is true that globalization creates opportunities for SMEs to expand, grow and raise their share in GDP which is usually unquestionable it is also true that sector is more sensitive to business environment condition than big multinational enterprises.
Constrains facing African firms still often offset attention to fostering private sector development making it sluggish and with limited share in national economy. Still a significant number of factors slow sub-Saharan Small and Medium Enterprises (SMEs) pace towards competitiveness. These are among other: high costs of transportation and setting up in business, energy cut costs, simple products and lack of innovational technology, basic management, home orientation, gender disparities in business, lack of external financing. All these competitiveness hampering is provided by a weak sub-Saharan postcolonial state and legal and institutional barriers.
 

KONSULTACJE
Rafał Jerzy Kruszyński, Uniwersytet Łódzki
Oznaczenie sieroce produktów leczniczych
Summary
Orphan designation of  the pharmaceuticals
The article provides analysis of the issue orphan drugs. Orphan drugs are pharmaceuticals that have been developed to treat rare disease. The main issue is the nature of the orphan designation of the medicine. Very important is the question about the definition of the orphan drugs. Definition of the orphan drug refers to definition of the rare disease. Rare disease instead is disease that affect a small population. What are the prerequisites of the orphan designation, how progress the procedure of obtaining orphan designation and what are the results of orphan designation for medicine – these are also issues of the article. The issues are covered description one after another in the article.