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Glosa do wyroku Sądu Najwyższego z dnia 27 sierpnia 2019 r., V CSK191/18 (glosa częściowo krytyczna)

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Ambrożuk-Wesołowska D.
Radca Prawny
|
2024
|
vol. 40
|
issue 3
147-156
EN
In the judgment under review, the Polish Supreme Court considered, inter alia, the problem of distinguishing a contract of forwarding from a contract of carriage, as well as the determination of the currency of compensation payable by the forwarder and the carrier performing carriage to which the CMR Convention applies. The Polish Supreme Court held that the CMR Convention does not regulate the issue of the currency of compensation. On the other hand, in the case of compensation due from the freight forwarder, it is accepted that the currency of compensation is the currency of the contract. The latter two theses of the Polish Supreme Court must be criticised, although the in casu decision itself must be agreed with.
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Will the Rail Regulation (EU) 2021/782 Improve Passengers’ Legal Position?

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Ambrożuk-Wesołowska D.
Teka Komisji Prawniczej
|
2022
|
vol. 15
|
issue 2
15-27
EN
The objective of this paper is to analyse the legal position of train passengers to whom provisions of Regulation (EU) 2021/782 of the European Parliament and of the Council on rail passengers’ rights and obligations apply. This regulation will replace Regulation 1371/2007. The article attempts to answer the question whether the provisions of the new regulation truly strengthen the legal situation of passengers, as assumed therein. After an analysis and comparison of prescripts of both of these regulations the author points out that the aim of the new one has not been fully achieved. It is because the new law also introduces such provisions which do not only not improve the degree of protection of passengers, but also definitively weaken this protection. The author also points out the inadequacy of certain measures and formulates relevant de lege ferenda conclusions.
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