News

Duraj Reck & Partners Law Firm lawyers provided comprehensive legal services for the international acquisition of the Organised Part of Enterprise. This time the subject of the transaction was 6 restaurants, which were acquired by the company that owns one of the biggest restaurants chain in Poland.

By resolution of March 17, 2017, taken in a three-person squad (file number: III CZP 111/16) the Supreme Court dispelled doubts as to the limitation of the right to compensation for delayed flight.

On 29th November 2016 The Supreme Court seven judges (ref. I KZP 10/16) adopted a resolution having the power of a legal principle which resolves discrepancies occurring in the judgments of the Supreme Court and has significant consequences for the practice of courts of law, and above all, the powers of the parties to legal proceedings instituted before 1st July 2015 and remaining in progress after 14th April 2016.

As follows from the amendment of the Law on PIT and CIT and the Act on Economic Freedom, which is expected to enter into force on 1 January 2017., company payments in amount that exceeds 15.000 PLN can only be made through a bank account. For entrepreneurs, this means that the payment above this amount - paid in cash - will not be classified as a deductible.

As a result of an appeal filed by Duraj & Reck i Partnerzy Law Firm, District Court in Katowice delivered a judgment in a controversial case regarding financing medical facilities for saving lives. In a judgment of 29th of October 2016 (IV Ca 555/16) the Court denied arguments presented by Polish National Health Fund and ruled whether article 19 paragraph 4 of The Act on Publicly Funded Healthcare Benefits gives right to demand payment for providing medical services to patients in life threatening conditions from National Health Fund only to medical facilities not bind by any contracts with the Fund, or if hospitals contracted by the Fund are able to demand such payments as well, if they provide the services in life threatening cases not covered by the contract.

Law Firm Duraj & Reck i Partnerzy successfully represented their Client in litigation brought by one of its former employees. Claimant (who was also a former board member of the Client) demanded from the Client to pay a premium usual in the amount of 3-month salary paid in connection with retirement. The amount claimed by the former employee was undeniably substantial and amounted to nearly 100,000 zł. The court, however, fully endorsed the arguments of lawyers and decided to dismiss the action in its entirety.

As we mentioned in the last news, in a judgment of 29th of October 2016 (IV Ca 555/16), District Court in Katowice ruled that Polish National Health Fund should remunerate all of the medical facilities that provide medical services to patients in life threatening situations, irrespective of the fact whether the facility is contracted by the National Health Fund or not. We encourage you to read press publications posted in our Media section.

The possibility to apply for payment for services performed in emergency by medical centers having contract with National Health Fund on the basis of article 19 section 4 of the Act on healthcare services financed from public funds.