Month: August 2022

We are winning against the regulator because for us the Constitution is law in action, not a piece of paper!

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We won in front of the Chief Inspector of Construction Supervision with another regulator – Polish Water.

The case concerned the execution by MPWiK in Warsaw in a record time of several months of a supplementary transmission system across the Vistula to the Czajka Wastewater Treatment Plant in connection with the 2020 Czajka failure. The District Building Inspector (PINB) ordered MPWiK (by a so-called “police” decision) to immediately remove the consequences of the failure while maintaining the continuity of wastewater transmission. The law is silent on whether such a PINB decision exempts MPWiK from the obligation to obtain decisions under other laws. Assuming that MPWiK would have to act according to standard procedures would mean the need to obtain more than 10 additional decisions. This would take about 4.5 years, and the transmission system had to be completed immediately! Referring to constitutional values, we argued that the obligation to obtain decisions under other laws in cases such as “Czajka” would nullify the purpose of the “police” decision and contradict the purposes of additional decisions. Wody Polskie still fought our concept in 2022, citing legal opinions from law faculties specializing in construction law based on a linguistic interpretation of the regulations in disregard of the Constitution and the function of the law.

The General Inspector of Construction Supervision (GINB) confirmed our argumentation, writing after us, among other things, that: “[…] the essence of the order issued under Article 66, paragraph 1, item. 1 u.p.b. is not to restore the state before the occurrence of the identified circumstances causing danger to human life or health, the safety of property, or the environment, but to bring about a state in which the danger will be eliminated […] The questioned decision of the PINB […] is a decision issued in injunction proceedings, characterized by the necessity of taking immediate action […] the purpose and function of the obligation imposed under Article 66 (1) […] support the necessity of its immediate execution. Requiring additional […] administrative decisions would nullify the purpose of issuing a decision under this procedure […] the purpose of acting […] under Article 66 […] is to protect such values […] as human life and health and environmental protection.”

Regarding MPWiK’s actions based on our legal concept, the proceedings were undertaken by two divisions of the Warsaw Regional Prosecutor’s Office: judicial and investigative. GINB, confirming our concept, communicated its decision to the Prosecutor’s Office, among others. We would like to thank MPWiK and the Mayor of the City of Warsaw for trusting us that just causes are favored by the law and that emergencies require out-of-the-box solutions!

We advise MPWiK in all areas concerning “Czajka”: civil law, commercial law, construction law, real estate law, environmental law, water law, criminal economic law, banking law, insurance law, public procurement law, as well as court and administrative proceedings and corporate governance and compliance law.

MPWiK was represented by attorney partner Prof. Michał Romanowski and senior associate r.pr. Aleksander Orzeł.

Open letter from Prof. Michał Romanowski to the president of the Warsaw District Court

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The legal security of doing business must be guaranteed by courts that are free and independent of politicians and power. Business needs a space of freedom. That is why, in addition to providing legal services to businesses, we are involved in the fight for the rule of law by representing, among others, judges Igor Tuleya and Pawel Juszczyszyn. Business, like all of us, needs, like air, the certainty that final court rulings will be enforced. Government officials do not respect court rulings. The latest example is provided by the President of the Warsaw District Court, Joanna Przanowska-Tomaszek, who refuses to enforce a security order directing that Judge Igor Tuleyi be allowed to rule. She believes that the order of the President of the Court of Appeals in Warsaw has the power to suspend the effects of a final court decision. What this means for business, including in light of the upcoming October 13 amendments to the Commercial Companies Code, our law firm’s partner Michal Romanowski has written repeatedly.

We publish Prof. Michał Romanowski’s open letter to the president of the District Court in Warsaw, Joanna Przanowska-Tomaszek.

Lack of time records is a risk that can be addressed

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Many employers do not keep time records. Employers also often confuse records with systems for employees to record their own time. The lack of proper time records generates significant risks on the part of the employer. They can contribute to the obligation to pay for unjustifiably declared overtime. These risks can and should be addressed before the first claims arise.

This issue is discussed in more detail by attorney Przemysław Mazur in the pages of Dziennik Gazeta Prawna

Link to article.

We are setting another precedent in capital market and trust fund cases.

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Once again we have won against the Financial Supervision Commission before the Supreme Administrative Court. The Supreme Administrative Court upheld the cassation appeal of Romanowski and Partners in a precedent-setting case concerning the issue of the so-called “parking of shares” on behalf of a “hidden” shareholder.

The ruling is very important for capital market practice (in particular, closed-end investment funds, private foundations, and trusts). It concerns the scope of obligations related to a significant stake in a public company incumbent on the beneficiaries of such entities.

We reasoned that the beneficiary’s ability to exert influence over the exercise of rights from shares is crucial. Contrary to the FSC’s position, it is not enough that the trust institution was established to multiply the beneficiary’s assets. It is necessary to study the nature and legal construction of the trust institution. Not every beneficiary can be “automatically” considered a “hidden” shareholder. After all, the law is context!

From the Firm’s side, the case was handled by Prof. Michał Romanowski and Piotr Haiduk.