Journal of Business Law 03/2022

On 5 October 2021, the provisions of the Act of 18 November 2020 on electronic delivery came into force. This act defines the rules of correspondence with public entities in a manner consistent with the standards indicated in the so-called eIDAS regulation. The correspondence exchange system with the participation of public entities provided for in this Act will affect all court proceedings, including civil proceedings. The purpose of this study is to analyse the use of this system in relation to entrepreneurs participating in civil proceedings. Entrepreneurs registered in the Register of Entrepreneurs of the National Court Register or in the Central Register and Information on Economic Activity have been obliged to have an address for electronic delivery entered in the electronic addresses database and thus have been subjected to obligatory electronic delivery in civil proceedings. In connection with the above, the author of the article analyses in particular the obligation to receive court correspondence electronically and the obligation to obtain an electronic service address for this purpose, as well as the methods and the time frame for the implementation of these obligations.

The purpose of this article is to present the way in which criminal reactions to the violation of the prohibition on distributing medicines in a direction other than to the patient are shaped, and then to assess the regulations penalizing the above behavior. The main objective of the considerations is an attempt to answer the question whether the legislator, using penal instruments, sufficiently secured the proper trade in medicinal products, or maybe too late or inept definition of the statutory description of a prohibited act determined the lack of possibility to bring criminal responsibility and to apply an adequate criminal response to perpetrators acting within the so-called drug mafia.

Despite the general acceptance of the offshore project development in Poland, investors face a number of regulatory problems. Although, the Polish maritime spatial plan reserves some space for cables from offshore wind farms, unfortunately, there is only about just enough space to accommodate existing projects and that is only in case all corridors can be fully utilised, and developers make arrangements that include mutual respect of other developers interests. Neither legislation nor current proposals thereto include mechanisms that can ensure such an optimal utilisation of offshore export cables corridors. In the not unlikely case Polish offshore wind shall be developed beyond what is currently planned, there will likely be severe scarcity of cable routes to land. The aim of the article is to present current administrative institutions approach to the uncertainty on the regulation and to signal the key legislative proposal of the amendments to solve the offshore export cable issue.

The division of the real estate is one of the key issues for the creation of a new subject of civil law transactions. The real estate registration division carried out at the beginning is the starting point for the subsequent correct legal division and, ultimately, a change of owner. However, the planning power of local government units aimed at maintaining the coherence of spatial order means that the content of the division decision may be expanded and include provisions directly affecting the manner of disposal of this property, its management or communication with the nearest public road. It is mainly about situations in which the separated land does not meet the conditions of an independent building plot due to its shape or surface. Sometimes, however, there are limitations in division decisions, which are not supported by legal regulations, and certainly not those expressly expressed in legal acts. For this reason, the paper aims to answer the question about the legal basis for extending the content of the division decision with additional conditions related to the legal fate of the separated registration plot, as well as an attempt to determine the legal consequences for contracts transferring the ownership of real estate contrary to the content of the division decision. The text also addresses the issue of eliminating a division decision from legal circulation, the content of which does not correspond to the actual state.

Services provided by electronic means are becoming more and more popular. As a result, the significance of general terms and conditions (rules and regulations), which shape the content of the obligation relationship between the service provider and the customer, increases. This article describes the formal requirements that have to be met by a service provider in order to effectively amend the rules and regulations of services provided by electronic means. These requirements result primarily from Article 3841 of the Civil Code, although different views have formed in the doctrine and jurisprudence regarding the possibility of qualifying this provision as an independent, substantive basis for changing general terms and conditions. The authors consider whether it is necessary to include a modification clause in a template or contract in order to effectively introduce changes to the contractual relation of continuous nature. They also propose a model clause de lege lata based on the jurisprudence of the President of the Office of Competition and Consumer Protection, courts and statements presented in the doctrine.

The aim of the study is to describe the regulations contained in the Public Procurement Law, which can guarantee employment of people previously employed in the mining sector, and who will lose their jobs as a result of the energy transformation being carried out in European Union countries. The study will outline the main assumptions of the Green Deal, the phenomenon of Just Transition, information on employment in the mining sector in Poland, the genesis of sustainable public procurement, the characteristics of pro-social instruments in procurement. This should lead to the verification of the hypothesis according to which social public procurement can be an instrument to activate a group of miners who, after the energy transformation, will become a disadvantaged group in the labour market, within the meaning of the definitions of severely disadvantaged worker and disadvantaged worker contained in the Commission Regulation (EU) known as the General Block Exemption Regulation.

The article presents the most important judgments of The Supreme Court issued in 2021 in economic cases. Because of the position of The Supreme Court they may influence judicial settlements in similar causes. Jurisprudence has been established as major issues as the Public Procurement Law, time limits for bringing actions, interpretation of the Act on industrial property law referring to trademarks, undermining the entry in the land and mortgage register, penalties laid down in the contract, insolvency proceedings. The author quotes the judgments and comments on them.