Tag Archives: Kochanski Zieba Rapala & Partners

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Bank Enforcement Order Violates the Constitutional Principle of Equality

On 14 April 2015, the Polish Constitutional Tribunal (“Tribunal”) rendered a ruling stating non-compliance of Article 96(1), Article 97 and Article 98 of the Polish Banking Act of 29 August 1997 (Journal of Laws of 2015, item 128, as amended) (“Banking Act”), i.e. the provisions on the Bank Enforcement Order (“BEO”), with the Constitution of the Republic of Poland (“Constitution”), Case File No. P 45/12 (/s/p-4512). According to the Tribunal, the abovementioned provisions violate the principle of equality under Article 32(1) of the Constitution. However, the Tribunal did not immediately repeal the challenged provisions so as not to interfere with banking transactions, and set a deadline (1 August 2016) for the legislator to enact new legislation in this respect. More…

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Kochański Zięba Rapala & Partners wins a case for Ringier Axel Springer against Radosław Sikorski, the former Polish Foreign Affairs Minister and current Marshal of the Sejm

Rafal Zieba_portret wwwOn 25 March 2015 the Regional Court in Warsaw entirely dismissed the Statement of Claim submitted by Radosław Sikorski in a case brought against Ringier Axel Springer Polska (RASP), represented by Kochański Zięba Rapala & Partners Law Firm.

Radosław Sikorski was represented by Roman Giertych, advocate. On the side of Radosław Sikorski, as an intervening party, the CHAI Foundation put itself forward to take part in the case, and was also represented by Roman Giertych. Anna Cichonska_portret

Radosław Sikorski brought a legal action against RASP for the comments of internet users which he alleged infringed his personal interests and were published on the internet portal fakt.pl below an article entitled: “Sikorski informed on anti-Semites through internet fora”. Radosław Sikorski took the position that the publisher of the internet portal was responsible for the breach of personal interests by the internet users in accordance with general principles resulting from the Polish Civil Code and Press Law. The claims raised by him, were as follows: removal of comments made by the internet users, publication of apologies on the following internet portals: fakt.pl, interia.pl, onet.pl, pb.pl, wp.pl, se.pl, gazeta.pl, wprost.pl, polityka.pl, tvn24.pl, zyciewarszawy.pl, dziennik.pl, polskatimes.pl, rp.pl, newsweek.pl as well as compensation in the amount of PLN 20,000. More…

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Kochański Zięba Rapala & Partners wins the case of Jan Rokita against Konrad Kornatowski

Konrad Orlik wwwOn March 16, 2015 the Regional Court in Warsaw in a case brought by Konrad Kornatowski (the former Police Commander in Chief) against Jan Rokita (a well-known Polish politician, the former member of the Polish Parliament) for payment of PLN 100,000 as compensation, dismissed the action in full and awarded against the Plaintiff to the benefit of the Defendant the amount of PLN 3,617 as reimbursement of costs of the proceedings.

In the parol reasoning, the Court upheld the Tobiasz Szychowski_portretDefendant’s argumentation, the Defendant being represented by the attorney – Konrad Orlik, an advocate from Kochański Zięba Rapala & Partners law firm, including: the court proceedings cannot be used as a form of personal revenge for the Plaintiff to be exerted against the Defendant, and the aim of the proceedings is not to punish the Defendant but to only prevent infringements and to minimize pain suffered by the Plaintiff, whilst the earlier judgment of the Regional Court in Warsaw in the case for the protection of personal interests, subsequently amended by the Court of Appeal in Warsaw, constitutes sufficient satisfaction for the Plaintiff. The Judgment is not yet final and binding. More…

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Kochański Zięba Rapala & Partners served the Swedish group SEKAB Biofuels & Chemicals with regards an investment in Bioagra S.A.

Kochański Zięba Rapala & Partners (KZRP) assisted SEKAB BioFuels & Chemicals AB in its 49% shareholding investment in Bioagra S.A. which concluded with a sale of the investment to companies related to the Komorowski family for approx. SEK 233 million. More…

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Kochański Zięba Rapala & Partners win a case for Ringier Axel Springer against Roman Giertych (a former Polish Deputy Prime Minister)

Rafal Zieba_portret wwwOn 27 February 2015 the Court of Appeal in Warsaw dismissed an appeal filed by Roman Giertych in its entirety for a case brought against Ringier Axel Springer Polska – the publisher of Fakt, Newsweek and Forbes, amongst others.

The Court of Appeal examined the case after the Supreme Court returned the case back to its jurisdiction following a cassation appeal by Roman Giertych to the Court of Appeal’s original decision of 11 October 2012, in an effort to have the original decision overturned.

Anna Cichonska_portretRoman Giertych brought a legal action against Ringier Axel Springer Polska for comments made by Internet users which breached his personal interests, and were published on fakt.pl, under the article entitled: “Giertych wishes to take back immunity from Kaczyński”. Roman Giertych took the position that a publisher of an Internet portal is responsible for violation of personal interests by Internet users based on general principles arising out of the Polish Civil Code as well as Press Law. Roman Giertych claimed as follows: removal of the comments made by the Internet users, a publication of apologies on fakt.pl, interia.pl and onet.pl respectively, as well as compensation amounting to PLN 8,000.  More…

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New Bond Act

The Act of 15 January 2015 on Bonds will enter into force with effect from 1 July 2015 (“The new Bond Act”). The hitherto Act of 29 June 1995 will lose its effect. The most important changes in relation to the existing regulations include:
→ extending the circle of entities that can issue bonds;
→ introducing a new type of bonds – i.e. perpetual bonds;
→ introducing the legal basis for establishing bondholders’ meetings. More…

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Kochański Zięba Rapala & Partners: Szymon Gałkowski – new head of Banking, Finance & Restructuring

Szymon Gałkowski, advocate, to date one of the Partners in the Banking, Finance and Restructuring Department in Kochański Zięba Rapala & Partners (KZRP), has been promoted to the position of the Managing Partner of the Banking, Finance and Restructuring Department. At the same time, please be informed that we have ended our cooperation with Mr. Piotr Gałuszyński and Mr. Jacek Czabański.

In his new role, Szymon Gałkowski will be supported by the existing team of 15 experienced lawyers specialized in banking, finance, bankruptcy and restructuring law.

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Kochański Zięba Rapala & Partners appoint a new Head of their Banking, Finance and Restructuring Practice

Szymon GałkowskiWe have the pleasure of announcing that Szymon Gałkowski, advocate, who, until now has been one of the Partners of the Banking, Finance & Restructuring Department at Kochański Zięba Rapala & Partners (KZRP), has been promoted to the position of Head of the Banking, Finance & Restructuring Department.

Szymon Gałkowski, in his new role, will be supported by a team of 10 experienced lawyers, who are specialized in banking, finance, bankruptcy and restructuring law. At the same time, we would like to notify that we have ended our cooperation with Mr. Piotr Gałuszyński and Mr. Jacek Czabański. More…

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Kochański Zięba Rapala & Partners Defend An Auto-Świat Journalist Before the European Court of Human Rights

The European Court of Human Rights decided to pursue a complaint submitted to the Court by advocates from the Litigation and Arbitration Department of Kochański Zięba Rapala and Partners.

The complaint was submitted on behalf of Krzysztof Koniuszewski – a journalist from Auto-Świat, a weekly magazine published by Ringier Axel Springer Polska – who was sentenced for defamation by a legally-binding decision of the Regional Court in Warsaw.  More…

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Kochański Zięba Rapala & Partners Law Firm has won a case for the editors-in-chief of the daily “Fakt” tabloid newspaper and its website Fakt.pl against the General Inspectorate for Road Transport

On 14 October 2014, the Court of Appeal in Warsaw dismissed an appeal in whole which was submitted by the General Inspectorate of Road Transport in a case brought against the editors-in-chief of the daily “Fakt” tabloid newspaper – G. Jankowski and R. Feluś, and the editors-in-chief of its accompanying website, fakt.pl – K. Sielicka and M. Wodziński, which recognized that the Judgment issued by the court of first instance corresponds with law.

The Court of Appeal dismissed the appeal in whole which was submitted by GIRT, and demanded that the original Judgment issued by the Regional Court be overturned and that an order was made for the publication of a rectification to the information published in Fakt and on the fakt.pl. website in articles entitled: “They tell us to impose fines”, “Imposing fines as piecework” and “A secret order: the more fines imposed, the higher the salaries.”  More…

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