Are the rights and obligations arising from a license transferable under Article 40 of the Privatization and Commercialization Act? Case comment to the judgement of the Supreme Court of November 20, 2008 (Ref. No. III SK 13/08).

Michał Mijal

The judgement of the Supreme Court here described refers to the acquisition of rights arising from a license by an entity which has acquitted a state enterprise as a result of direct privatization, pursuant to Article 40 of the Act of 20 August 1996 on Privatization and Commercialization1 (hereafter PCA). In the event the aforementioned acquisition occurs, the purchaser shall become the subject of the rights and obligations under the license; inter alia the purchaser is eligible to request performing the amendment of the decision which granted the license under Article 155 of the Code of Administrative Procedure.