Journal of Business Law 10/2025

This study addresses a topic that has not been addressed in Polish legal science so far, concerning the issue of redistribution of payments received by participants in a financial pyramid in the form of alleged profit (benefits), which, however, does not come from the investment activity of the organizer of the financial pyramid but from the contributions of new members. This problem is noticed and widely commented on in the world. The pursuit of such redistribution claims from “victims” of the financial pyramid by the bankruptcy trustee of the organizer of the bankrupt financial pyramid raises a number of controversies. For this reason, it seems justified to regulate this issue in Polish bankruptcy law. This article presents a draft amendment to the bankruptcy law in this respect, as well as the justification for the presented legal structure.

The article presents the results of the author’s research on the compliance of public administration personnel with the applicable law in matters related to the service of official documents, as well as the consequences of what is described as a careless attitude on the part of officials who recklessly assess whether the conditions for presuming a document to have been served have been met. The study demonstrates that such an attitude does indeed occur in practice and examines its effects. The focus was mainly on the effects of incorrectly designating the address of correspondence sent to the parties.

The subject of this article is an analysis of the admissibility of the application by the President of the Office of Competition and Consumer Protection, in decisions concerning unlawful contractual provisions and practices infringing the collective interests of consumers, of a means of remedying the effects of the infringement in the form of public compensation. The first part of the article explains the nature of this measure, as well as cites examples of decisions in which it has been adjudicated. The second part of the article presents the views of the doctrine and case law analysing the competence of the President in this respect. The third part of the article presents arguments from the linguistic, functional and systemic interpretation in support of the conclusion that Article 23b(2) and Article 26(2) of the Act on Competition and Consumer Protection may be the basis for imposing on an entrepreneur the obligation of public compensation in the form of consumer compensation.

The article undertakes consideration of selected aspects of the reform of spatial planning in Poland through the amendment of the Planning Act of 7 July 2023. The author shows the reform on the backdrop of the historical development of planning regulations, and with particular emphasis on the issue of weighing public and private interests in spatial planning. The realization of the Planning Law’s values and consistent goals is a prerequisite for good plan design and successful implementation. Some of the amendments to the Planning Law including increasing public participation, or making procedures more charming as well as increasing digitization can contribute to the realization of values important for urban planning such as ensuring spatial order. Urban planning agreements are also an important instrument can become a tool for more fully realizing both public and private interests, especially they will be beneficial when the local administration cannot afford to enact a local plan or implement a public purpose investment, which can be financed as a complementary investment by private entities.

Directions of interpretation of sanctions-involving provisions in the energy law should be outlined by axiology. It is the main assumption of this paper and has had a significant impact on the analysis intended to identify functions of financial penalties in the Polish legal order and to determine their meaning and definition. The conclusions indicate that financial penalties are a tool for disciplining energy market participants, i.e. they have a preventive (in general and individual terms) as well as repressive function, whereby their fiscal function cannot be of primary (dominant) importance. Proceeds of tort cannot constitute a significant source of financing for public tasks, as this would be contrary to the axiological foundations of the laws in which they are regulated. The research methodology used has limited the scope of the analysis to the recognition of fines from the perspective of administrative and financial law. The research methods involve investigation of the law in force and an analytical study. Comparative research is only used as a complementary tool, i.e., German and French law measures are only referred to as an auxiliary instrument. The article uses selected acts of universal law, relevant literature, decisions of courts and tribunals and also data published by the President of the Energy Regulatory Office.

The space sector has evolved from a scientific curiosity to a vital component of modern economies and daily life, impacting both established space powers and emerging leaders. Satellite technologies, crucial for communications, observation, and navigation, facilitate global connectivity and disaster risk management, underscoring their significant economic and defence potential. The increasing complexity of space activities, including space tourism and resource extraction, highlights the need for an adaptive legal framework to ensure sustainability and safety. Traditional space law, must evolve to address new challenges such as space debris and cyber threats. Recent discussions surrounding the European Union’s initiative to establish a European Space Law reflect the urgent need for coherent legislation, reflecting the needs of European competitiveness and security, and sustainable space exploration. The research objective of this article is to analyse the reasons for and against a European space law, as well as potential methods for its adoption. To this end, the status quo of space law, at the global, regional and national levels, will be presented. Then the reasons for the EU legislative initiative, its substantive and procedural aspects will be analysed.

The aim of this article is to analyse the threats to contestability and fairness in the artificial intelligence (AI) value chain from the perspective of EU competition law and the Digital Markets Act (DMA). In particular, it assesses the impact of resource concentration – including compute, data, and human capital – as well as vertical integration along the AI value chain, understood as the sequence of stages and inputs required to design, train, deploy, and commercialise foundation models and generative AI services. The article discusses exclusionary practices that may restrict access to key resources and entrench dominant positions, highlighting the limitations of Article 102 Treaty on the Functioning of the European Union (TFEU) in addressing structural risks. It also evaluates the preventive potential of the DMA and identifies its limitations in the context of emerging technological architectures. The conclusion calls for deeper regulatory reflection and a possible revision of existing legal instruments to preserve the conditions of contestability and fairness in the rapidly evolving AI ecosystem.

The purpose of this study is to analyse the judgment of the Constitutional Tribunal of 18 October 2023 (SK 23/19). This ruling concerns the application of the appropriate real estate tax rate to garages located in multi- family residential buildings. The constitutional court found that the rate for such used parts of residential buildings should be the same regardless of whether the garage is a component of the residential building or is a separate (non-residential) premises within the meaning of the provisions of the Act of 24 June 1994 on ownership of premises. Analysing the decision and the justification for the judgment, it should be stated that there are no rational arguments that would support the derogation of the analysed provisions. The constitutional court omitted important, key regulations of the Act on local taxes and fees. and, as a result, made an incorrect assessment of the verified provisions.