Przegląd Ustawodawstwa Gospodarczego Nr 10/2009

W numerze:

Bartłomiej Nowak

Prawo konkurencji Unii Europejskiej w liberalizacji rynku energii. Wybrane aspekty

Competition law of the European Union in liberalization of the energy market. Chosen aspects
The opening of the electricity and gas markets creates new opportunities for energy companies to develop and increase their profits. Some may perceive it as a challenge that they can meet only by cooperating with other energy providers. Such cooperation may take the form of mergers, acquisitions, or the formation of joint ventures leading to significant changes in the electricity and gas market structures. While such cooperation might promote competition (through lower costs and economies of scale, or technological innovations), it might also impede competition insofar as companies abuse their positions of dominance or enter into anticompetitive agreements. Therefore the Commission's powers concerning antitrust action (articles 81, 82 and 86), market concentration (Regulation no 139/2004/EC), and rules on the free movement of goods as set forth in articles 28-31 of the EC Treaty are needed to maximize the impact of the Community's efforts to enforce the liberalizing and cross-national harmonizing of the energy market. The following article addresses these and other issues of competition arising from the complicated structure of the electricity and gas markets.

Przemysław Feliga

Analiza procedur wyboru i kwalifikacji syndyka w prawie niemieckim I polskim - studium porównawcze

Analysis of the selection and qualification procedure of official receiver in German and Polish legal system - a comparative legislative study
As of May 1st 2004 in the territory of Republic Poland the following persons are eligible to apply for the function of official receiver citizens of EU Member States, Swiss Confederation or Member of the European Free Trade Association - parties of the agreement of the European Economic Area. Persons wishing to act as a official receiver in a country other than their country of origin have to meet the requirements applicable in the above mentioned states, required of the persons seeking the nostrification in the regulated profession. This article presents differences connected with the qualities of a official receiver and the selection procedure pertaining to this profession in two European Union Member States, namely Poland and Germany. The rules for selection of a business liquidator in a preliminary proceeding, which is of administrative nature, and in the main proceedings, pending before a liquidation court. The article presents groups of subjects who are eligible to become a official receiver and civil law, ethical, academic and professional requirements which a candidate for the office of liquidator has to meet.

Cezary Kosikowski

Kolejne nowelizacje ustawy o swobodzie gospodarczej

Amendment to the Act on Freedom of Economic Activity
The latest amendment to the Act of 2nd July 2004 on Freedom of Economic Activity is the result of necessary modification of the economic activity law. Unfortunately the amendment Act just partly satisfies demands and expectations and does not solve already pointed out and fundamental problems. Pursuant to the amendment Act entrepreneur finally may legally suspend economic activity and have right to get the individual interpretation of compulsory public levies regulation. The catalogue of the legal rules of control of economic activity is supplemented and extended. Furthermore the amendment Act provides general reform of the economic activity registration which will succeed at the 1st July 2011 r. Theretofore The Economic Activity Register is still defined by the Act of 19th November 1999 on Economic Activity and proceedings are just partly amended. All the prepared articles focuses separately on the above mentioned.

Rafał Dowgier
Maciej Etel

Zmiany w zakresie ewidencjonowania działalności gospodarczej oraz identyfikacji podatkowej przedsiębiorcy

The reforms of the economic activity registration and the tax identification number procedure
The fundamental reform of economic activity registration will succeed at 1st July 2011 r. At the time the Act of 2nd July 2004 on Freedom of Economic Activity will came into force in the part establishing electronic form of registration called The Central Register and Information of Economic Activity. In general the final reform assumes fully electronic proceedings and guarantees internet access to the register. Theretofore the Economic Activity Register is still defined by the Act of 19th November 1999 on Economic Activity. Nonetheless the proceedings were partly amended. From 31st March 2009 entrepreneur have to visit in person just one commune administration office (or registry court) to fully legalize the economic activity and all the forms, especially application or change report, are free of charge. Also legislator provided entrepreneur simplified procedure to obtain Tax Identification Number. It should be emphasized that mentioned amendments are just temporally and for the final reform entrepreneur have to wait at least until the 1st July 2011. According to the above this article refers to provisional amendments in The Act on Economic Activity and the general amendments in the Act on Freedom of Economic Activity.

Anna Piszcz

Zawieszenie i wznowienie wykonywania działalności gospodarczej

Suspension and resumption of economic activity
In Poland entrepreneurs who do not have employees may suspend economic activity for a period of from one to 24 months. These provisions of the Act of 2nd July 2004 on Freedom of Economic Activity came into force on 20th September 2008 and for the first time formally gave the entrepreneurs the right to suspend economic activity (and consequently resume this activity after the period of suspension) without being obliged to liquidate the undertaking. This right is vested both in individuals conducting economic activity as well as in entrepreneurs with a legal personality and organizational units without a legal status to which the legislation grants legal capacity. The amendment of the Act on Freedom of Economic Activity which became effective on 31st March 2009 defined precisely the period of suspension of economic activity. This period shall start on a day specified in a motion of the entrepreneur, however not earlier than on the day the motion is filed. Considering the importance of the topic, in this article the author analyzes applicable provisions of the Act on Freedom of Economic Activity. The author focuses i.a. on advantages and disadvantages of above-mentioned newest reforms of the Act.