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15-01-2008

Verdict of the Constitution Tribunal dated July 17, 2007 (case number P 16/06)

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A judicial question as to the compliance of article 2 sec. 3 and article 3 of the Law dated July 26, 2000 with the Constitution of Poland. The said provisions concern agency agreement, and in particular the provisions on goodwill indemnification and their intertemporary application. Pursuant to Art. 2 of the said Law [further: "Amending Law"], in force since December 9. 2000, subject to Article 2 sec. 3 (below) the previous provisions on agency apply to agency contracts concluded before that date. Pursuant to Article 2 sec. 3 of the Amending Law the new provisions apply to agency contracts concluded before December 9. 2000 after 1 year the Amending Law came in force, but only in case a contract has been concluded between professionals (entrepreneurs).