What's new at DZP?
DZP has again achieved success in a high-profile case involving the reprivatisation of real estate at Al. Ujazdowskie 23 in Warsaw. In a judgment of 7 March 2013 the Supreme Administrative Court dismissed the Republic of Serbia's appeal against a judgment passed by the Voivodship Administrative Court in Warsaw dismissing Serbia's appeal against a decision issued by the Ministry of Internal Affairs and Administration (now the Ministry of Internal Affairs) refusing to issue a permit for Serbia to acquire this real estate through acquisitive prescription.
This judgment saw the successful end for the Gawroński family, represented by Lech Żyżylewski, Partner, and Piotr Gołaszewski, Associate, of another stage of the dispute with the Republic of Serbia over the former Serbian embassy in Warsaw.
The Supreme Administrative Court judgment (II OSK 201/12) is precedential on two levels. First, it confirms that the acquisition by a foreigner of real estate in Poland through acquisitive prescription requires an MIA permit (to date administrative courts have had no opportunity to comment on the issue). Second, the judgment shows that for a foreign state to acquire real estate in Poland (irrespective of the purpose of the acquisition and its basis, i.e. by way of legal transactions or other events) the foreign state (treated as a foreign legal entity) must hold an MIA permit issued on the general principles provided for in the Act on the Acquisition of Real Estate by Foreigners of 1920, subject, of course, to express provisions of international treaties.
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.