Author: igawojcik

In an interview with Rzeczpospolita today, Professor Michał Romanowski comments on the statement made by Deputy Prime Minister Jacek Sasin, who tweeted:

“I expect the President of @TauronPE to immediately withdraw from the unacceptable decision regarding the termination of gas contracts. There is no consent from me for such actions. The change of operator should be done in a way that is imperceptible and safe for the customer. There will be no interruption to the gas supply”.

When asked by a journalist, Professor M. Romanowski explains that Prime Minister Sasin is wrong and Tauron is right because: “The procedures and mechanisms related to ensuring security and continuity of supply to end users result from the regulations in force, i.e. the Energy Law. They function independently of Tauron’s actions – the company only brought them into operation. Therefore, it is the regulations that guarantee continuity of supply. Tauron in its assurances only refers to the consequences resulting from them” and that “In this case, the interest of customers is protected by the application of regulated prices. On the other hand, the rates from the reserve seller’s price lists will apply to non-tariffed customers.”

When asked about the legal significance of Prime Minister Jacek Sasin’s twitter request, Prof. Romanowski replies: “Tauron is a listed company, so this is yet another astonishing twitter response by a politician, the Deputy Prime Minister, in blatant violation of corporate governance, the provisions of the CCC and capital market law. After all, Deputy Prime Minister Sasin is not an organ of the Tauron company, and he is speaking from a position of authority, and therefore a person who makes no secret of the fact that he de facto manually controls listed State Treasury companies. Taking care of the interests and safety of individual consumers […] must be done within the rules of law and corporate governance”.

https://www.rp.pl/konsumenci/art37267681-prof-romanowski-to-nie-tauron-ale-przepisy-sa-gwarantem-ciaglosci-dostaw

The 1st All-Polish Scientific Conference ‘Regulated Markets – Legal, Financial and Market Competitiveness Aspects’ is coming up (details and registration: Link), under the patronage of, among others, Romanowski and Wspólnicy Law Firm. The challenges for regulated markets will be discussed. Prof. Michał Romanowski and Adam Romanowski – partners of our law firm – will be among the experts. Prof. Michał Romanowski has been elected Chairman of the Conference’s Scientific Council.

There will be plenty to talk about!

The law firm Romanowski i Wspólnicy has assumed patronage of the 1st All-Polish Scientific Conference “Regulated Markets – Legal, Financial and Market Competitiveness Aspects”.

At the conference, specialists in law, finance and management will share their experiences of regulated markets. There will also be two panel discussions and their topics are: “Market regulation on the example of the energy market – current state” and “Competitiveness in regulated markets”.

Prof. Michał Romanowski and Adam Romanowski – partners of our law firm – will be among the experts.

The date of the event is 24 October 2022. Hybrid formula (remote and onsite). Online participation is free, more details and registration: [LINK].

We warmly invite you to participate!

We invite you to read a conversation between Prof. Michał Romanowski and Gazeta Wyborcza editors Piotr Miączyński and Leszek Kostrzewski. Editor Piotr Winnicki of Gazeta Wyborcza, who edited the interview, wrote that: “Such an interview comes along once a year. It touches […] on what ails contemporary Poland. An extremely important and extremely interesting text.”. The interview appeared in the paper version of Gazeta Wyborcza (10 October 2022) and online [LINK].

Prof. Michal Romanowski states, among other things:

“The basic conditions that a manager in a company should meet are honesty and competence”.
“Success is 90 per cent work and 10 per cent ability. It is the same with athletes. Victory loves preparation”;
“To my students and lawyers I say that a good job is a job where they are fulfilled as a person, they feel that they are doing something of value for another person.”
“Power is about making people feel afraid”.
“Not everyone is brave. You can’t set the bar too high for people. It is immoral for politicians to check people’s backsides. They shouldn’t do that because people have different spines.”
“Some people gain managerial competence by graduating from top business schools. They climb the career ladder and, after a number of years, take over the most important positions through a planned succession. Why? Because running a company is managing someone else’s money, i.e. the shareholders’ money.”
“The figure of Nikodem Dyzma has become a symbol of cunning and careerism. The comparison comes to mind.”
“Investors do not invest in a listed company in order to implement the policies of one party or another.”

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.

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.

Nowadays, the prevailing view seems to be that the conclusion by an employer of two employment contracts with the same employee allows separate accounting for overtime from each of these contracts. This view is based on a Supreme Court resolution from more than 50 years ago, issued under a state of law that is no longer in force. Last year, the CJEU issued a ruling that orders this view to be revised.

We invite you to read the opinion of mec. Przemysław Mazur on this issue on law. pl.

The opinion is available here: LINK