Journal of Business Law 08/2024

The study analyzes a problem arising in the practice of business transactions in connection with a franchise agreement. Sometimes there is a situation in which the franchisee is unable to continue the franchise business, especially after the termination of the legal relationship by the organizer of the franchise network. He then remains with the enterprise within the objective meaning (Article 551 of the Civil Code), which is of no use to him due to the lack of a franchise. In such cases, such an enterprise is sometimes purchased – directly or indirectly – by the network organizer at a lower value. The franchise chain organizer then takes over the former franchisee's market without incurring adequate costs of developing it. The network organizer benefits economically in this market. In the context of such events, certain monetary claims arise that can be raised under various legal regimes. These claims focus on various aspects of the facts described. Sometimes they can alternatively protect the interests of the former franchisee.

For over 40 years, the law has mandated the protection of mineral deposits, considered as ensuring that they can be mined, which can interfere with local development plans and landownership requirements. In hitherto practice, these solutions have operated to an extremely limited extent. The amendment to the Geological and Mining Act (GMA) made by the Act of 16 June 2023 introduces the concept of a "strategic deposit". The inclusion of a deposit in this category is decided by the minister responsible for the environment, following the premises set out in the GMA. This entails an obligation to shape the spatial development plan in a way ensuring that the mining of such deposit can be provided, including restrictions on the development (especially permanent development) of the property. The minister's decision is binding the spatial planning authorities and, indirectly, also the landowners. The aim of the study is to critically analyse the regulations concerning strategic deposits.

The article presents, based on the actual situation, the issue of taxation of water and sewage infrastructure structures owned by a local government budgetary entity. The nature of the activities of this category of public finance sector entities implies that they provide their services for a fee. However, the payment does not determine the commercial nature of the activity within the scope of the commune's own tasks. The main objective of the article is to verify the thesis according to which, in certain situations, activities within the scope of a commune's own tasks performed by a local government budgetary institution do not constitute economic activity and, consequently, buildings used for this purpose are not subject to real estate tax.

The purpose of the article is to present climate change and its most significant socioeconomic consequences. Within the framework of the study, the authors choose to answer the question of whether progressive climate change and related natural disasters may constitute a violation of constitutional regulations protecting public finance discipline. At the same time, the authors propose amendments to the constitutional debt limit to adapt it to the changing climate reality.

The purpose of the study is to compare two methods of demonstrating compliance with the conditions for participation in the public procurement procedure and to determine whether the provisions of polish public procurement law adequately regulate the situation of contractors using any of them. Polish and EU public procurement law allows economic operators to rely on the capabilities of other entities or members of a group of economic operators in order to demonstrate compliance with the conditions for participation in the procedure. Combining a capabilities with other entities or with members of a group of economic operators serves various purposes. Nevertheless, the rules for subjective qualification should be analogous. In fact, they differ from each other in two important issues: the rules for correcting errors revealed during subjective qualification and the rules for liability for non-performance or improper performance of a public contract are different. The Public Procurement Act should be amended in these areas. Moreover, the amendment should also concern a provision regulating the subjective change of the contract – it should precisely regulate the admissibility of changes in the composition of the group of economic operators.

The purpose of the study was to determine the content of the concepts of "impeccable character" and "guarantee of proper performance of the profession" of a judge. Both of these concepts are important from the point of view of assessing the suitability of a candidate for the office of judge, despite the fact that the Law on the Common Court System does not mention the guarantee as a requirement for candidates. Particular attention was paid to ethical principles and medical examinations, which should help to assess the attitude of a candidate for judge in the future. The final section also refers to the political involvement of judges in the context of integrity and independence.

The commentary is a critical discussion of the position presented by the Kraków Regional Court in the ruling of 6 February 2023 (II Ca 2302/22). In this ruling the Court dealt primarily with the issue of compensation for delayed or cancelled flight due to an engine failure caused by a structural defect. The court incorrectly found that such an engine failure was unpredictable, even though the defendant knew about the existence of the engine failure caused by a structural defect many months before its occurrence, and in fact the only unknown was the moment when such a failure would become apparent. The Court's position was also criticized that the defendant's re-routing for a later flight (almost 24 hours later than the previously booked one) cannot be treated as denied boarding.