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Journal of Business Law 1/2020

ISSN: 0137-5490
Pages: 44
Publication date: 2020
Place publication: Warszawa
Binding: paperback
Format: A4
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DOI: 10.33226/0137-5490.2020.1.1
JEL: K21

The article analyzes the EU competition rules in terms of achieving the objectives related to environmental protection. Aim of the research is to determine whether the EU legislator has specified which of the above-mentioned goals outweigh one over other or whether these goals are equivalent. The article also examines how objectives related to environmental protection, which do not have an economic dimension, can be combined with, for example, the premises of individual exemption from the prohibition of agreements restricting competition, which have an economic dimension.

Keywords: environmental protection; competition rules; exemption from the prohibition of restrictive agreements
DOI: 10.33226/0137-5490.2020.1.2
JEL: K13, K34

The research objective of the article is to determine, whether the model of criminal and fiscal liability is an essential complement of the administrative liability and if legal and financial sanctions should be enhanced by the impact of the update of other sanctions i.e. criminal sanctions or criminal and fiscal sanctions. The legislator, to protect monetary interests by a criminal sanction, decided to introduce the criminal liability regarding legal interests, which already have legal protection. The fiscal law is an additional form to remedy the infringement of financial law, which has some instruments to penalize some actions, even against the recipient's will, creating the possibility of imposing grievous economic sanctions. In the criminal and fiscal law's doctrine and in administrative law's doctrine also, there is no reason to deny such a state of affairs. It is said, that administrative liability is based on different rules, implemented with another authorities and procedure, therefore taxpayer exposed to tax sanction, can also be subject to fiscal and penal liability.

Keywords: tax penal code; administrative responsibility; penal code
DOI: 10.33226/0137-5490.2020.1.3
JEL: (artykuł w języku angielskim)

This study addresses the problem of the progressive growth of public supervision over privatized business tasks in the area of provision of a general service provided by municipal companies; the issue is presented in the comparative analysis to the regime of the public law of power companies. The undertaken analysis of the legal environment of public service enterprises is focused upon the fact that as the model of regulation of tariffs for water and wastewater enterprises (a monopolist) is amended, the recipients of their services are deprived of their right to independent administration law path for challenging such tariff as infringing their legal interests. An autonomy of an individual has been reduced in a democratic state of law and the question arises whether the actual situation is sufficiently justified; and whether the protection of an individual has been reinforced or weakened. Hence, the subject of the analysis chosen is the potential to ensure the active role of citizens in promoting and effectively achieving the integration of the EU legal system in the field of competition and consumer rights. When an individual attains its private interest, an individual may have a simultaneous participation and influence in the public sphere, in which the protection of fundamental rights is most effectively carried out in the interest of all individuals.

Keywords: public services; public utility services; administrative regulatory supervision; protection of individual rights; EU law; constitutional law; administrative proceedings; local government units
DOI: 10.33226/0137-5490.2020.1.4
JEL: K2, K22

The representation of capital companies in the activities concluded with members of the management board is an extremely important and practically significant issue. In the literature we can find a number of opposing views regarding the effects of violation of the principles expressed in art. 210 and 379 Commercial and Company Code. The issue of dispute here is the possibility of confirming actions carried out in violation of the standards referred to. This issue is even more relevant due to the fact that in 2018 the provisions of the Civil Code were amended in this respect. The article attempts to determine the impact of the amendment to art. 39 Civil Code on the principles of representing a capital company in contracts and disputes between the company and its members of the management board.

Keywords: capital company; management board; proxy; company representation
DOI: 10.33226/0137-5490.2020.1.5
JEL: K22

The subject of the article is a new mode of resignation of a management board member. It is regulated in article 202, 30056 , 368 of The Commercial Company Code. The law concerns the situation when as a result of resignation non seat in the management board is filled. The author highlights new rules pertaining to limited liability company, simple joint-stock company and joint-stock company. He underlines that in the case of the first two types of companies the resignation should be addressed to shareholders and the member should convene meeting of shareholders (general meeting). The resignation will not enter into force until the day following the day on which the general meeting was held. In a joint-stock company the rules are different, because the resignation must be submitted to the supervisory board first. If non seats in the supervisory board is filled, it must be addressed to shareholders. The author focuses on problems with practical application of the new regulation.

Keywords: management board member; resignation
DOI: 10.33226/0137-5490.2020.1.6
JEL: K12, K15

The article deals with a matter of loans granted in the currency Swiss franc against the bacground of the judgment of the CJEU in case C-260/18. The authors summarize the conclusions from the abovementioned judgment, also taking into account national case law. In the specific circumstances of the case, an indexation clause may be considered as an abusive contract term.

The aim of the article is to outline the main problems arising from the judgment, in particular such as consequences of abusiveness, issues related to possible further binding force of the contract, recognition in full as invalid and resulting implications.

Keywords: franc loan; indexation clause; indexed loan; abusive clause; abusive contract term
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