NEWSLETTER
No. 8, July 2021
Malinowski & Associates. Legal Advisors. Partnership
Table of contents
Electronic applications to the KRS.
A request for a settlement attempt will no longer interrupt the statute of limitations.
New rationale for exploitation.
Young adults will not be jointly and severally liable with the tenant for rent?
The end of internal combustion car sales and other effects of FIT FOR 55.
Electronic applications to the KRS
As of July 1, 2021, all applications to the National Court Register can only be submitted via an ICT system – the Court Registry Portal (PRS). This obligation applies only to entities entered in the business register, i.e. commercial companies, cooperatives, state-owned enterprises or insurance companies, among others. Thus, associations and other social and professional organizations, foundations or public health care facilities will not be required to submit applications in this form, and they may continue to submit applications on forms or through the PRS at their own discretion.
The very idea of making it mandatory to file letters through the PRS should be evaluated very positively, after all, paper forms often caused trouble for those who filled them out. Sometimes an application was returned because it was filled out incorrectly, such as failing to cross out an unfilled box or failing to include another form as an attachment. The PRS system fills in all the company’s data for us (we only need to know the company’s KRS number), highlights sections that are incorrectly filled in, and allows smooth navigation between the various elements. It also includes a very helpful option to check that the form is filled out correctly, so we don’t have to worry about returning the application for that reason. The portal also allows applications to be paid for and signed via a trusted profile.
Unfortunately, the functionality of the portal is disrupted by technical errors – problems with the “clickability” of some hyperlinks, making it impossible, for example, to edit an application saved as a working one, or an error when signing or document. The regulations have been in effect for a very short time, so a position has not yet been established on how to proceed when an application has not been submitted on time due to technical errors in the operation of the Portal. The system’s authors also seem to have no idea – it is vain to look on the PRS website for answers to such questions. In view of this – as always – practice will show.
Submission of an application outside the Portal – via a traditional form – will result in a return without a call to supplement deficiencies. In such a situation, within 7 days from the date of service of the order of return, the application can be resubmitted, complying with the mandatory electronic form. Such a request will have legal effect from the date of the original filing (that is, from the date of filing on the form).
If you have any questions or need assistance in submitting a registration application to the Portal, please feel free to contact us.
STOP sanitary segregation
Such an emphatic title needs no interpretation, except that this is not the title of a column, but of a bill brought to the Diet on June 29, 2021.
The project envisages the introduction – based on the Constitution’s principles of freedom and equality for all citizens – of a ban on discrimination in political, social or economic life on the basis of being vaccinated or not vaccinated against COVID-19.
Specifically, the draft prohibits requiring disclosure of immunization information in order to participate in any cultural, sports, educational events and to gain entry to public buildings or purchase services (including but not limited to gyms, hotels, restaurants, playrooms, museums, cinemas or theaters).
The draft also proposes to amend the Labor Code by adding vaccination or non-vaccination against COVID-19 to the discriminatory criteria. This means that an employer will not be able to make the situation of employees dependent on the circumstances of vaccination, and will not be able to refuse to hire a candidate for a vacant position simply because the candidate is not vaccinated.
The bill has not yet been voted on at the Diet, so we do not know the legislature’s sentiment regarding the introduction of rules banning “sanitary segregation.”
A request for a settlement attempt will no longer interrupt the statute of limitations
Recall that property claims are, as a rule, subject to a statute of limitations, which means that after a certain period of time the debtor can evade the claim. The statute of limitations is currently (with many exceptions) 6 years, and 3 years for claims for periodic benefits and claims related to the conduct of business. The statute of limitations may be interrupted or suspended – in the case of interruption, the period runs anew, while in the case of suspension, the period continues to run from the date on which the suspension ceases. In the simplest terms, if the duration of the interruption and the duration of the suspension for the same term are equal, the interrupted term will expire later than the suspended term.
The statute of limitations is interrupted by any action before a court, acknowledgment of a claim or initiation of mediation. The course of the statute of limitations shall be suspended, among other things, for the duration of force majeure, due to which the right holder cannot pursue the claim before a court or relevant authority.
The government pointed out that it happens that creditors wishing to interrupt the running of the statute of limitations, instead of filing a lawsuit, filed a petition for a settlement attempt with the court. Such a request results in the initiation of conciliation proceedings, during which the court urges the parties to reach a settlement. The jurisprudence indicated that a request for a settlement attempt would not always interrupt the running of the statute of limitations, but this was not obvious and caused many discrepancies. The reasons for opting for conciliation instead of a lawsuit can be attributed primarily to the cost of the proceedings – the fee for a lawsuit is variable and depends on the amount of the claim, while the fee for a request for a settlement attempt is 1/5 of the fee for a lawsuit.
The draft amendment to the Civil Code envisages explicitly qualifying the request for a settlement attempt as an event that suspends the running of the statute of limitations. The suspension will remain in effect for the duration of the conciliation process.
In addition, mediation will be removed from the prerequisites for interrupting the statute of limitations. The statute of limitations on claims covered by the mediation agreement will be suspended for the duration of the mediation.
New grounds for exploitation
Currently, one can demand an increase or decrease in the benefit, and exceptionally also the cancellation of the contract, if one party, exploiting the other party’s forced position, infirmity or inexperience, brings about a situation in which the value of its benefit grossly exceeds that of the other party. The regulations do not stipulate what the said “gross excess” is.
The government proposes to expand the scope of the indicated power to include situations in which the other party’s lack of sufficient discernment was also used. In addition, the ability to request cancellation of the contract will no longer be limited to situations where it is unduly difficult to change the amount of the benefit.
The draft will also clarify the term “gross overreach.” A “gross excess” will be referred to when the value of one party’s benefit exceeds at least twice the value of the reciprocal benefit.
The expiration date of the right for exploitation will be extended from two years to three years, and when the party is a consumer – to six years.
Young adults will not be jointly and severally liable with the tenant for rent?
Currently, adults permanently residing with the tenant are jointly and severally liable for the payment of rent and other lease payments. This means that if the leased premises are occupied by several adults, then despite the conclusion of the lease agreement by only one of these people, the landlord can demand payment from all or some of them – at his discretion. The government’s amendment to the Civil Code will introduce an exception to joint and several liability – dependent adult descendants who are unable to support themselves will not be liable. The law does not provide for what if the tenant is, for example, a parent’s common-law spouse who has dependent children of full age. Probably – if the law comes into force – this will be settled by case law.
The end of internal combustion car sales and other effects of FIT FOR 55
On July 14, 2021, the European Commission announced a package of directives, enigmatically called “FIT for 55.” The idea is that the adoption and implementation of the European Green Deal plan will lead to Europe becoming the world’s first climate-neutral continent. The current weather anomalies across Europe, i.e. Intense storms, floods or unusually strong winds make the public accept deviations in the name of environmental protection.
The project’s main goal is to reduce greenhouse gas emissions by at least 55% from 1990 levels by 2030.
The draft envisions charging more sectors of the economy (including buildings and transportation) for greenhouse gas emissions and increasing the use of renewable energy. As we can read in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Empty of July 14, 2021, “The package emphasizes taxing energy sources in line with climate and environmental goals. The package includes the implementation of the “polluter pays” principle in practice“. Therefore, it can be presumed that polluters will be required to pay higher emission fees or new taxes, which will probably be reflected on end users (consumers) through increased prices of goods and services.
Greenhouse gas emission fees starting in 2026 may extend to road transportation and fuel delivery operators. The Commission also proposes to introduce emissions trading against fuels used in the buildings sector (i.e., for heating). Emissions from the road transport sector and buildings will be subject to a successively lower cap.
In air transport, the Commission has proposed emissions trading, making polluting fuels more expensive for suppliers, who will be required to blend more and more sustainable fuels into existing jet fuels.
The package also calls for stricter carbon dioxide emission standards for cars and vans. All new cars registered from 2035 onward will be required to have zero emissions.
