Polish judicial protection tools for the sale of real estate in international bankruptcy – case study and suggested solutions
In the Polish legal system, it is possible to extend bankruptcy declared abroad to Polish jurisdiction. In accordance with the amendment to the Polish Bankruptcy Law, which came into force on January 1, 2016, the provisions of the Act update the possibility of recognizing judgments initiating foreign bankruptcy proceedings. This is related, among other things, to increased emphasis on the universality of bankruptcy proceedings, especially in European Union countries. Pursuant to Article 19 of Regulation 2015/848 of the European Parliament and of the Council, “a judgment opening insolvency proceedings issued by a court of a Member State having jurisdiction in accordance with Art. 3 shall be recognized in all other Member States (…).” The phrase “having jurisdiction in accordance with Art. 3” – art. 3 of the Regulation reads: “1. The courts of the Member State in whose territory the debtor’s center of main interests is situated have jurisdiction to open insolvency proceedings – the main insolvency proceedings. The main bankruptcy proceedings are considered to be proceedings initiated in the country where the principal center of the debtor’s main activities is located (Article 3(1) of the Regulation)[1].
KIELTYKA GLADKOWSKI KG LEGAL prepared a compilation of updates in Polish employment law – crucial from the perspective of cross border work and employment issues.
Planned changes in the legal provisions on wind farms in Poland
The change of government in Poland brought about by the elections of October 15, 2023 pursues a liberal policy towards renewable energy. Already at the first session, the Parliament started working on the liberalization of wind energy law.
Direction of legal changes
The new ruling coalition declares liberalization of the law regarding wind energy. The aim of such action is the general development of regions through numerous windmill investments and increasing the amount of electricity consumed from green energy. Additionally, liberal legislation in this area will allow meeting the milestones needed to disburse financial resources from the National Recovery and Resilience Plan. Currently, the accelerated urbanization of cities combined with stricter regulations is causing investment stagnation in the area of building new windmills.
Based on Regulation 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020.
The development and production of batteries are Europe’s strategic goals in the clean energy transition. This is mainly due to the fact that they are also a key part of the European automotive sector, and transport is responsible for nearly a quarter of greenhouse gas emissions and is the main cause of air pollution in EU cities.
EU agencies believe that the more widespread use of electric vehicles will reduce greenhouse gas emissions and harmful emissions from transport. It is assumed that in the years 2020-2030 the number of electric vehicles in the EU will increase to at least 30 million (currently there are 3.1 million).
The Council and the European Parliament adopted Regulation 2023/1542 of 12 July 2023 on batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC. Previous regulations of the European Union (EU) covered only the stage of withdrawing batteries from use. The current regulations focus in particular on the management of used batteries.
Access to capital and its acquisition is the key to the development of every enterprise. It may be easier for larger, more established companies to raise capital from investors or obtain additional money from lenders. However, some companies may encounter obstacles that may slow down their growth. This is especially true for small businesses and startups, where crowdfunding can be helpful.
What is crowdfunding?
Crowdfunding involves using small amounts of money from a large number of people to fund a new business. It leverages easy access to vast networks of people through social media and crowdfunding sites to connect investors and entrepreneurs and connect traditional owners, relatives and venture capitalists. It offers the potential to increase entrepreneurship by expanding the pool of investors beyond the circle. Crowdfunding means an alternative form of funding, which is particularly popular among start-ups and small and medium-sized enterprises. The main reason for this is the informalization of procedures and high flexibility of operating rules.
