Summary of latest interesting insurance issues (the first half of June 2017)

Dodano: 27-06-2017

The Supreme Court in its judgment of 7 June 2017 (ref. no I PK 176/16) ruled that if employment features prevail in an employment contract, such as subordination of an employee, or lack of real possibility of performance of the contract by another person than the employee, then it shall be considered a contract of employment.

The National Board of Appeal in its judgment of 8 June 2017 (ref. no KIO 888/17) ruled that a European Single Procurement Document may be submitted in a foreign language accompanied by a translation into Polish.

On 25 May 2017 under number 6985 a new abusive clause was entered into the register of  unlawful contractual provisions, maintained by the President of the Office for Competition and Consumer Protection. The clause stipulates that an insured person is obliged upon return to Poland to submit statements of medical bills and other medical documents containing at least the following data: name, date of birth of the person being treated, name of the illness, description of medical benefits, time of treatment, name of prescribed medicines and confirmation of payment or another document confirming payment of treatment fees if the insured person has paid for medical treatment on their own.

The Court of Justice of the European Union, in its judgment of 17 May 2017 (C-48/16), ruled that an insurance company may require from an insurance intermediary reimbursement of a part of the commission for partial failure to perform an agency contract.

On 1 June 2017 the Act of 2 December 2016 amending the Act on the acquisition of real estate by foreigners and certain other laws (Journal of Laws of 28 December 2016, item 2175) entered into force.