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The new Polish Law on Medical Devices has come into force., repealing the previous Medical Devices Act of 2010. The new law has been issued in connection with EU Regulation 2017/745. An EU Regulation is a legal act of the European Union that becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. However, it leaves the issues of advertising and administrative penalties, among others, to be regulated by the member states. The entry into force of the above-mentioned...

On 23 September 2021, the European Commission decided to refer Poland to the Court of Justice of the European Union for breaching the requirements of the European Electronic Communications Code (EECC), safeguarding the independence of the Urząd Komunikacji Elektronicznej (Office of Electronic Communications - UKE) the National Regulatory Authority (NRA) for telecommunications. Using an urgent procedure in May 2020, Poland had amended certain provisions of the Polish telecommunications law concerning the appointment and dismissal of the Heads of the UKE. With the same amending legislation, the...

On 11 August 2021, the Polish Parliament (lower chamber) adopted an amendment to the Law on Radio and Television, commonly referred to as "lex TVN". Why there is a controversy around this bill? The opposition points out that it targets TVN, a TV station allegedly unfavourable to the government, while the ruling party argues that the bill aims to prevent the Polish media from being bought by companies from non-democratic countries such as Russia, China or Arab states. The passing of the bill by the Parliament coincided with the TVN group applying for an extension of its licence. A provision...

On 15 July 2021, Advocate General (AG) Saugmandsgaard Øe delivered his highly awaited opinion on Case C‑401/19. This case concerns an action brought on the basis of Article 263 TFEU by the Republic of Poland asking the Court to annul Article 17(4)(b) and (c), in fine, of Directive (EU) 2019/790 of the European Parliament and of the Council from 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC and, in the alternative, to annul Article 17 in its entirety. This provision imposes on those providers obligations to monitor...

Following an appeal by Zweites Deutsches Fernsehen (ZDF) and UFA Fiction GmbH, the Kraków appeal court has amended a first-instance decision requiring them to issue a public apology for breaching the personality rights of members of the Polish Home Army (AK) and to pay compensation in relation to the broadcast and production of the film series Unsere Mütter, unsere Väter (Our mothers, our fathers). While the compensation order was quashed, the obligation to issue a public apology on Polish television and the German channels ZDF, ZDFneo and 3sat was upheld. The written grounds for...