Wolf Theiss has advised Bank Gospodarstwa Krajowego on the financing of OT Logistics' expansion in Croatia. OT Logistics was advised by Wiewiorski Legal on the deal.
CMS has advised private equity fund Resource Partners, a longstanding client of the firm, on its sale of Delicpol, a manufacturer of cookies sold under private labels, to Continental Bakeries, a manufacturer of sweets owned by Goldman Sachs Merchant Baking Division and Silverfern, a private equity fund. Noerr Warsaw advised the buyers on the deal. Closing of the transaction is contingent on the approval of market regulators.
Anna Cudna-Wagner has been promoted to Partner at CMS in Poland.
The Warsaw office of Greenberg Traurig has added 11 members to its real estate practice in the persons of Partners Jolanta Nowakowska-Zimoch and Agata Jurek-Zbrojska, who move over from Hogan Lovells, bringing with them Local Partners Malgorzata Madej-Balcerowska and Justyna Szwech and seven Associates.
As the first half of 2017 draws to an end, dispute resolution in Poland continues to face dynamic changes. This is due to numerous pieces of legislation being implemented as well as certain policy issues of the ruling party. We focus in this article on several trends or changes that our clients are struggling with or which might affect businesses in the foreseeable future.
The Polish Act on Temporary Employees dated July 9, 2003 (Journal of Laws of 2003, No. 166, item 1608, as amended) has been in force since 2004. The Act contains many flaws, however, resulting in the unequal treatment of temporary employees compared to employees hired directly under employment agreements.
The OECD’s Base Erosion and Profit Shifting (BEPS) Project
A few years ago OECD and G20 Leaders noticed that the international tax landscape had changed dramatically. The financial crisis and aggressive tax planning by multinational enterprises had resulted in significant losses to state budgets, and perceived tax evasion had become part of the political agenda. Consequently, joint actions were taken to increase transparency and the cross-border exchange of information in tax matters and to address the weaknesses of an international tax system that had created opportunities for questionable tax tactics.
On May 17, 2017, a governmental draft of the act on actions for damages caused by in-fringements of Competition law (the “Private Enforcement Act”) was approved by the upper house of the Polish parliament. It is now awaiting the presidential signature. Alt-hough this legislative proposal was forced by EU Directive 2014/104/EU (the “Private En-forcement Directive”) and it mostly transposes its provisions into Polish law, it also intro-duces revolutionary changes to the law of delicts and the corresponding civil procedure.
The new Payment Services Directive (PSD2), scheduled to enter into force on January 13, 2018, will change the established business models in the payment market. This is due to new types of payment services and new rules which oblige banks to assist third party providers (TPP) in accessing their accounts and initiating payment transactions. Much depends on how PSD2 will be transposed into national legislation, a process which should be completed by January 13, 2018.