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Journal of Business Law 04/2024

ISSN: 0137-5490
Pages: 45
Publication date: 2024
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0137-5490.2024.4.1
JEL: K20, K21, K29, K40

This paper seeks to analyse the new interpretive approach taken by the Court of Justice in State aid cases. According to this approach, evaluating the impact on competition and trade is considered essential to determine whether an entity that is not a beneficiary of the European Commission's decision can be regarded as an 'interested party'. The author will assess the potential consequences of this interpretive approach, particularly examining whether evaluating the impact on trade and competition is an appropriate tool to guarantee access to the Court in State aid cases, especially for indirect competitors and plaintiffs claiming infringement of their non-economic interests.

Keywords: State aid; interested party; impact on competition and trade; locus standi; non-economic interest
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DOI: 10.33226/0137-5490.2024.4.2
JEL: K25, K23

The subject of the considerations contained in the text is the application of the principle of benefit, regulated in Art. 134 of the Real Estate Management Act. Its use in practice is limited by regulations § 49 point 4 of the Regulation of the Council of Ministers on the valuation of real estate. In the authors' opinion, this solution is contrary to the constitutional principle of the right to just compensation. Additionally, this leads to a violation of the principle of exclusivity of the act and the principle of hierarchy of the system of legal acts, and thus leads to a conflict of the content of the sub-statutory act with the regulation of the act. The authors paid particular attention to the duality of the jurisprudence of administrative courts in terms of the method of conducting legal assessment of constitutional provisions in the context of the application of the Act and the implementing regulation.

Keywords: the principle of benefit; real estate valuation; guidelines on the content of the regulation; implementation of the act; prohibition of broad interpretation to the disadvantage; just compensation
DOI: 10.33226/0137-5490.2024.4.3
JEL: K13, K15, K22, K41

The regulation of the parent company's liability for damages for damage consisting in a decrease in the value of a subsidiary's share or shares is a source of interesting and practical juridical problems. As part of the amendment, the legislator introduced to the k.s.h. a new source of liability for damages. The execution of a binding instruction of the parent company by the subsidiary is an expression of "corporate solidarity", but if as a result of this the partners or shareholders of the subsidiary suffer damage, they may demand that it be remedied. The basis for the claim in this respect is the provision of Art. 2113 § 1 of the Commercial Companies Code, which requires legal analysis. The issue of the conditions for the parent company's liability for reducing the value of the subsidiary's share or shares has not yet been comprehensively discussed in the doctrine, which justifies addressing this topic.

Keywords: group of companies; liability for damages; parent company; subsidiary company; liability of the parent company for reducing the value of the share or shares of the subsidiary company
DOI: 10.33226/0137-5490.2024.4.4
JEL: K32

In 2023, the European Commission proposed a new climate policy instrument, complementing the emission allowance trading system in force from 2023. The carbon border adjustment mechanism (CBAM) aims to reduce carbon leakage from the EU to third countries and create equal economic conditions for domestic products and imported goods. On the other hand, the carbon duty is intended to put pressure on investments in low-emission technologies in developing countries. However, the implementation of a carbon border tax raises great concerns both from the point of view of international trade and the impact on the intra-EU economy. With respect to external markets, through prohibited protection of competition, the CBAM regulation may violate the principles of free trade within the WTO, and this mechanism also seems to be inconsistent with the principle of "common but differentiated responsibility" applicable in international environmental law. In addition to the external impact, the carbon duty may also affect the reconstruction of the trade structure within the EU, leading to a drastic drop in the value of imports. The article presents the essence of the CBAM regulation, the schedule for its implementation, the basic obligations of EU importers and the controversy that the title mechanism raises in relation to international trade policy.

Keywords: CBAM; EU; climate protection; EU ETS; EUA; Fit for 55 package; European Green Deal; WTO; carbon footprint
DOI: 10.33226/0137-5490.2024.4.5
JEL: K23, K33

The purpose of this article is to highlight the legal implications of the lack of uniform practice of states with regard to defining the status of aircraft and flight, which determine the application of relevant aviation regulations in ensuring the safety of air navigation. The article analyses the most important conventions of international aviation law and discusses cases involving the same aircraft, to which, depending on the circumstances and the qualification of the aircraft, the relevant laws will apply. The same aircraft may in a certain situation be considered as either civil or state aircraft, and consequently other aviation regulations may find application to the operation performed by it. The author has attempted to analyse the provisions of international law in terms of legal gaps related to the application of the relevant legal regime in the context of the aircraft and the flight associated with it.

Keywords: aircraft status; flight status; air service; civil aviation; state aviation; air navigation
DOI: 10.33226/0137-5490.2024.4.6
JEL: K21, K41

The  gloss  addresses  the  issue  of  the  legal  basis  and substance of interim protection  granted to a plaintiff who has appealed a decision concerning concentration control issued by the  President of the Office of Competition and Consumer  Protection  (OCCP)  in  an  administrative  proceeding, while simultaneously seeking a suspension of the decision's execution. The court  determined that the grant of interim protection constitutes a legal impediment to carrying out the  concentration. However, in contrast to European   merger   control   regulations,   the   Polish  Antimonopoly  Act  does  not  intervene  in  the  civil-law relationships   of   the   transaction    parties,   and   the concentration itself remains legally effective regardless of the court's  ruling.

Keywords: merger control; interim protection; suspension of execution of decision; suspension of concentration
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