Search results

1

Glosa do wyroku Naczelnego Sądu Administracyjnego z 21 kwietnia 2016 r., II GSK 2566/14

100%

Matejko W.

Radca Prawny

|

2021

|

vol. 26

|

issue 1

201-216

EN

The gloss is an analysis and evaluation of the judgement of the Supreme Administrative Court of 21 April 2016, case file no. II GSK 2566/14. In this judgement, the Supreme Administrative Court of Poland adopted a view that distance sales of alcoholic beverages, including those made via the Internet, are illegal under the current provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism. In its interpretation of the law, the Supreme Administrative Court of Poland also referred extensively to the regulations of the Polish Civil Code on the sale agreement and the transfer of ownership of the sold item. The author critically evaluates the standpoint adopted by the Supreme Administrative Court of Poland. In author’s opinion, the interpretation of the law presented in the reasons for the judgement is law-generating in nature, leading to the creation of a legal norm which is not supported by the provisions of the Act. In author’s opinion, the Supreme Administrative Court of Poland wrongly equated the notions of a sale and the occurrence of the dispositive effect of a sale agreement, wrongly assuming that they occur at the same time and in the same place, which results in the assumption that the sale of an alcoholic beverage is effective upon the delivery of its object to the buyer at the place where the beverage is to be delivered. The position taken by the Supreme Administrative Court of Poland limits the constitutionally guaranteed freedom of business activity in a manner not supported by the Act.

2

Udostępnianie stacji pasażerskiej przewoźnikowi na gruncie ustawy o transporcie kolejowym

100%

Matejko W.

Radca Prawny

|

2024

|

vol. 39

|

issue 2

93-109

EN

The subject of the analysis is the provisions of the Railway Transport Act concerning the use of passenger stations by railway undertakings and the making available of passenger stations to carriers by their operators. These provisions have given rise to doubts, in particular about determining which areas of passenger stations remain available to the carrier under rules appropriate to a service facility and whether the mere fact that the carrier’s trains stop at a given station obliges the carrier to conclude a contract with the station operator for access to the facility. In addition, the nature of the amendment made to the Act in this regard came into force on April 17, 2020, which has been divergently assessed in the case law as either a normative change or merely a clarification. The analysis furthermore touches upon the issue of the facility access agreement, which, according to the provisions of the Act, should be concluded between the operator and the carrier, and the possible grounds for the operator to demand fees for access to the facility in a situation where such an agreement has not been concluded.

3

Rekompensata za koszty odzyskiwania należności – wybrane zagadnienia

100%

Matejko W.

Radca Prawny

|

2023

|

vol. 34

|

issue 1

23-39

EN

The subject of consideration is the right of the creditor to demand a flat-rate compensation for recovery costs from the debtor, established in the Act on Prevention of Excessive Delays in Commercial Transactions. Since its introduction into the Polish legal order, this right has given rise to significant interpretative doubts, particularly concerning the prerequisites for rendering the compensation immediately due and payable, the debtor’s ability to defend against this claim, and the issue of including the compensation in the costs of the lawsuit or in the value of the subject matter of the dispute in court proceedings. These doubts, in the author’s opinion, are largely due to the shortcomings of the legal regulation of compensation, which does not include in its scope many important issues, as well as its highly autonomous nature, which in turn prevents the analogous application of solutions concerning other legal institutions.

4

Orzeczenie o obowiązku naprawienia szkody przez członka zarządu spółki w procesie karnym. Glosa do wyroku Sądu Najwyższego z dnia 26 stycznia 2016 r., V KK 323/15 (krytyczna)

100%

Matejko W.

Radca Prawny

|

2024

|

vol. 38

|

issue 1

151-160

EN

The commented judgment is part of the line of jurisprudence advocating the thesis that, on the grounds of the so-called anti-accumulation clause of Article 415 § 1 of the Polish Code of Criminal Procedure, it is inadmissible to impose on a convicted member of the management board of a limited liability company an obligation to repair damage in favour of a wronged creditor of that company if the creditor has previously obtained an enforcement title against the company. In the author’s opinion, such an interpretation is not correct. The assumption that there is a subjective identity between a limited liability company and a member of its management board is, in the author’s opinion, contrary to the fundamental norms of civil law and commercial companies law. Contrary to the theses of the Polish Supreme Court outlined in the justification of the ruling, a creditor has no legal grounds to pursue, based on an enforceable title issued against the company, a claim against a member of the management board at the enforcement stage.

Refine search results

4 Radca Prawny

4 Matejko W.

2 2024

1 2023

1 2021

Glosa do wyroku Naczelnego Sądu Administracyjnego z 21 kwietnia 2016 r., II GSK 2566/14

Udostępnianie stacji pasażerskiej przewoźnikowi na gruncie ustawy o transporcie kolejowym

Rekompensata za koszty odzyskiwania należności – wybrane zagadnienia

Orzeczenie o obowiązku naprawienia szkody przez członka zarządu spółki w procesie karnym. Glosa do wyroku Sądu Najwyższego z dnia 26 stycznia 2016 r., V KK 323/15 (krytyczna)