Constitutional Tribunal confirms Agros export rights

The Constitutional Tribunal has ruled that that the regulation stripping food and drinks group Agros of export rights to Polish vodka brands and granting these rights to Polmos distilleries is in conflict with the Constitution. Article 322 of the law on industrial property, passed two years ago, called on Agros, which was involved in vodka exports during the Communist era, to relinquish the rights to vodka producers, but did not specify how this process should take place. The President believed this was expropriation and appealed the bill to the Tribunal, which yesterday decided that the regulation does not meet the requirements of "legislative decency," meaning that it is unclear. The ball is now in the hands of the President, who could either sign the bill into law, but without the faulty Article 322, or ask the Parliament to amend the regulation. As far as export rights to vodka brands are concerned, Agros and the Treasury could reach some sort of a settlement, as Agros strategic investor Pernod Richard is negotiating the acquisition of the state-owned Poznan distillery. (Gazeta Wyborcza, p.22, Parkiet, p.2) T.J.