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Doręczenia elektroniczne w Polsce i Niemczech

W Polsce doręczenia elektroniczne w postępowaniach sądowych to zupełnie nowe rozwiązanie. Zostało wprowadzone 3 lipca 2021 r. w związku z pandemią COVID-19. Z kolei w Niemczech możliwość doręczania pism sądowych przez internet istniała już w 2004 r. Od 2016 r. wprowadzono specjalną adwokacką skrzynkę elektroniczną o nazwie beA. Chociaż istnieje wiele podobieństw w funkcjonowaniu doręczeń elektronicznych w Polsce i Niemczech, można znaleźć również liczne różnice.

W podcaście „Elektroniczne doręczenia w postępowaniach sądowych w Polsce i Niemczech” Maciej Jóźwiak (Partner, Dispute Resolution, Polska), Michał Miąskiewicz (Senior Associate, Dispute Resolution, Polska) i Agnieszka Feind (Associate, Dispute Resolution, Niemcy) omawiają powyższy temat i dzielą się swoimi doświadczeniami. 
Poruszają m.in następujące kwestie:
  • Jak działają doręczenia elektroniczne w obu krajach? 
  • Czy strony postępowania mogą przesyłać dokumenty za pośrednictwem wykorzystywanych systemów?
  • Kiedy pismo uważa się za doręczone? 
  • Jakie są zalety i wady doręczania drogą elektroniczną?
Data nagrania: 30 września 2021 r.
Informacje zawarte w tym podcaście nie stanowią porady prawnej. Jeśli potrzebujesz porady prawnej lub bardziej szczegółowych informacji, skontaktuj się z autorami. 

 

Słuchaj po angielsku 

Legal status of cannabis-derived products in Germany and Poland

As cannabis-derived products are becoming more and more popular in Europe, in many countries it remains unclear, what types of goods and under what circumstances may actually be marketed. In Germany a decision of the German Federal Court of Justice in from 2021 has opened the market to cannabis-derived products. In Poland, however, there is no similar, local ruling that would directly affect the situation of manufacturers and sellers: the basis for marketing of cannabis-derived products are general EU rules.

In the podcast “Legal status of cannabis-derived products in Germany and Poland” Magdalena Kotyrba-Hagenmaier (Senior Associate, IP, Health and Life Sciences, Germany) and Jowita Prokop (Associate, Commercial, Life Sciences and Regulatory, Poland) discuss the above topic. They will tell you – among other – about:
  • Cosmetics, foods, medicines. What types of cannabis-derived products may be marketed in Poland and Germany? 
  • THC levels and type of hemp in marketed products
  • What is the criminal law perspective?
  • What are novel foods?
Date of recording: 4 November 2021 
The information in this podcast does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.

 

Electronic delivery service in court proceedings in Poland and Germany

In Poland, electronic delivery service is something completely new. It was introduced on 3 July 2021 due to the COVID-19 pandemic. In Germany, on the other hand, the possibility to deliver court documents online existed already in 2004. Since 2016 a special electronic attorney’s mailbox, called beA, has been introduced. There are some similarities in the functioning of electronic delivery in Poland and Germany, but also many differences.

In the podcast “Electronic delivery service in court proceedings in Poland and Germany” Agnieszka Feind (Associate, Dispute Resolution, Germany) and Michał Miąskiewicz (Senior Associate, Dispute Resolution, Poland) discuss the topic and share their experiences in this scope.
They will tell you – among other – about:
  • How does electronic delivery work in both countries?
  • Can other parties to the proceedings send documents via the systems used?
  • When is the letter considered delivered?
  • What are the advantages and disadvantages of electronic delivery?
Date of recording: 3 September 2021 
The information in this podcast does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.

 

Do’s and Don’ts in negotiations between Polish and German companies. Part II.

In the continuation of our podcast “Do’s & Don’ts in negotiations between Polish and German Companies” Maciej Jóźwiak (Partner heading Dispute Resolution team in Poland) and Stefan Saerbeck (Principal Associate on the Dispute Resolution team in Germany) discuss further aspects of negotiations that may be crucial to those doing business in Poland and Germany.

If you conduct or expect to conduct negotiations with Polish or German entities, the answer to these questions may be of your interest:
  • If I conclude a contract under the pressure of unlawful threats or deception, can I evade its effects?
  • Do the benefits and obligations in the contract have to be equal?
  • What about exploiting other party’s weaker position?

Date of recording: 30 June 2021 
The information in this podcast does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.

 

Self-tests for laymen in Poland and Germany – Q&A

Self-testing has become popular in the last months due to the Covid-19 pandemic. Self-tests for laymen are intended to be used by everyone, also those without any medical education, in order to detect an infection with the SARS-CoV-2 virus. However, not many know that such tests constitute a very specific kind of products and as such are subject to respective legal requirements.

 

In the podcast “Self-tests for laymen in Poland and Germany – Q&A” Magdalena Kotyrba-Hagenmaier (Principal Associate, IP, Health and Life Sciences, Germany) and Martyna Gałdecka (Associate, Commercial, Poland) discuss the above topic. They will tell you – among others – about:

  • Are self-tests considered medical devices and need to be registered? 
  • Is the emergency approval procedure implemented in both countries?
  • Do such tests need to be specifically labelled?  

Date of recording: 6 July 2021 
The information in this podcast does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.

 

Virtual hearings in Poland and Germany

Virtual hearings are a solution which has been implemented or developed in numerous countries due to the COVID-19 pandemic. There have been some revolutionary changes in this scope now, especially in Poland, where they became a new standard. Also in Germany, however implemented some time ago, they became much more popular.

 

In the podcast “Virtual hearings in Poland and Germany” Agnieszka Feind (Associate, Dispute Resolution, Germany) and Michał Miąskiewicz (Senior Associate, Dispute Resolution, Poland) discuss the topic and share their experiences in this scope. They will tell you – among other – about:

  • Why some of the courts resign from holding the hearings online?
  • Are such hearings suitable for all types of cases?
  • Main problems – is it just about the technical issues? 
  • Advantages of virtual hearings – are they the future of justice? 
Date of recording: 10 July 2021
The information in this podcast does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.

 

Directors' Duties in Poland and Germany

Due to the ongoing Covid-19 pandemic many companies are struggling to stay solvent. Global restructuring and corporate teams of Eversheds Sutherland are producing a series of podcasts looking at the considerations directors need to apply in each jurisdiction in a distressed situation.

 

Dr. Christian Hilpert and Dr. Anne Deike Riewe discuss the directors duties in Germany in the phase where a legal entity is in distress and exposed to the risk of insolvency.

 

The information in the podcasts does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.


Michał Miąskiewicz and Kamil Ciodyk talk about the Polish perspective.
Date of recording: 14 June 2021

Recent and expected key developments in Polish and German competition law

Poland is currently planning to implement the ECN+ directive to provisions of the competition act – however, also other provisions are planned to be adopted. In Germany the laws are changing dynamically too: on January 19, 2021, new German antitrust rules entered into force. All these amendments – both upcoming and already binding – are of great importance from the business risk perspective.

 

In the podcast "Recent and expected key developments in Polish and German competition law“ Fabrice Witzke (Principal Associate, Antitrust Law, Germany) and Dariusz Aziewicz (Senior Associate, Competition Law, Poland) share important information concerning new antitrust risks in both countries and answer, among others, the following questions:

  • May the whole capital group be liable in case one of its companies breaches competition law? 
  • Can effective compliance programs lead to a reduced fine imposed by the German Federal Cartel Office? 
  • What are the new merger control thresholds in Germany?  

Date of recording: 26 April 2021
The information in this podcast does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.

 

Do’s and Don’ts in negotiations between Polish and German companies. Part I.

The cultural and legal differences between two countries, as well as failure to acknowledge them, may be the source of some serious troubles. Maciej Jóźwiak (Partner heading Dispute Resolution team in Poland) and Stefan Saerbeck (Principal Associate on the Dispute Resolution team in Germany) – in a podcast “Do’s & Don’ts in negotiations between Polish and German Companies” – discuss a series of issues crucial to those, who do business in Poland and Germany.

 

If you conduct or expect to conduct negotiations with Polish or German entities, you may want to know the answers to these, seemingly simple, questions:

  • What can be the consequences of lying during negotiations?
  • Taking advantage of misunderstanding of the negotiated contract of the other party - can it adversely affect my situation?
  • Is there personal liability of negotiators who act on behalf of a company?  

Date of recording: 22 April 2021
The information in this podcast does not constitute legal advice. If you would like legal advice or more detailed information, please contact the authors.