What's new at DZP?
DZP has again achieved a significant success in a highly-publicised case involving the reprivatisation of real estate at Al. Ujazdowskie 23 in Warsaw. On 13 March 2014 the Supreme Court issued an order that dismissed the Republic of Serbia's cassation appeal in a precedential case that has drawn a great deal of interest for it to be declared that Serbia acquired this real estate by acquisitive prescription. In the dispute DZP represented the Gawroński family which recovered the real estate pursuant to the provisions of the 1945 Warsaw Decree.
The issuing of this order saw the definitive end to a significant part of the disputes run by the Republic of Serbia with the Gawroński family over their real estate. The Supreme Court order (I CSK 47/13) also shows that holding real estate without legal title in Poland by a diplomatic mission of a foreign state (which could also concern other diplomatic missions that have occupied their real estate since before 1989) is generally of a dependent nature, while a change in the nature of this possession cannot take place without the consent of the Republic of Poland. The Supreme Court also confirmed that the acquisition by a foreign state of real estate in Poland by way of acquisitive prescription requires a permit from the MIA on the general rules set out in the Act on the Acquisition of Real Estate by Foreigners of 1920, subject of course to express provisions of international treaties.
The case was conducted by Lech Żyżylewski and Piotr Gołaszewski from DZP's Real Estate Practice which specialises in, e.g. reprivatisation cases.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
New rules on cookies: Domański Zakrzewski Palinka sp.k., as the service provider of the www.dzp.pl website, stores and accesses cookies, i.e. small text information fles sent by a web server and stored on your hard drive, or other data storage medium of a user, for the purposes of: proper functioning of the www.dzp.pl website, confguring the www.dzp.pl website, security and reliability of the www.dzp.pl website, session monitoring, providing advertisements, personalization of the displayed information to the user, or analysis, statistics, research and website trafc auditing.