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2 key provisions for the defendant with a cross-border European Order for Payment

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2 key provisions for the defendant with a cross-border European Order for Payment

What to do when a company with foreign shareholding structure, formally registered in Poland, receives a payment order by registered mail from a foreign court in the European Union on the EU form?

The European Order for Payment is – according to the Regulation of the European Parliament and of the Council No. 1896/2006 / EC of 12 December 2006 establishing a European order for payment procedure, Journal of EU L 399/1 of 30.12.2006 (hereinafter: “the Regulation”) – a court order issued (on the form) in cross-border civil and commercial cases (Article 2 (1) sentence 1 of the Regulation) for the purpose of pursuing pecuniary claims for specified amount, which are due at the time of lodging an application for a European order for payment.

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KIEŁTYKA GŁADKOWSKI KG LEGAL participates in the cross-border consultations of the European Commission regarding Regulation (EC) 805/2004

KIEŁTYKA GŁADKOWSKI KG LEGAL was addressed to participate in cross-border expert consultations as part of one of the European Commission’s projects aimed at supervising the application of the European Union law. As part of the project, managed by a renowned global audit institution based in Brussels, KIEŁTYKA GŁADKOWSKI KG LEGAL was asked to evaluate the application of the Regulation (EC) 805/2004 of 2004 establishing a European Enforcement Order for uncontested claims.

The study is intended to assess the functioning of the provisions of the Regulation (EC) 805/2004 and the judicial practice of using the European Enforcement Order in individual jurisdictions.

In particular, the assessment will concern the functioning of the Regulation (EC) 805/2004, based on the current practice, and its comparison with the initial assumptions underlying the adoption of this EU act, also taking into account possible cases of incorrect application of the Regulation or the resulting undesirable effects.

Particular emphasis will be put on the application of the Regulation after the Brussels I-bis Regulation (Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).

As part of the consultations, there have been undertaken research activities, including interviews at national level such as expert teleconferences. On the basis of the conducted research and analyses, a detailed report on the functioning of the European Enforcement Order in Poland will be prepared.

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Recent selected cases in 2019 – 2020

We are proud that we have been trusted with the development of the following projects for our Clients:

  1. IT and new technologies sector (cryptocurrency)

KIELTYKA GLADKOWSKI provided complex assistance to non-EU investor in respect of legal possibilities of cryptocoin mining in Poland. The assistance involved the choice of the legal form of activity in Poland, the shareholding structure, the regulatory requirements, compliance with energy law and the analysis of investment costs (including tax costs) as well as the possibility of investing in special economic zones in Poland.

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Private Client desk services for HIGH-NET-WORTH individuals and their businesses and Next Gen Wealth

Private Client desk services for HIGH-NET-WORTH individuals and their businesses and Next Gen Wealth

KIELTYKA GLADKOWSKI LEGAL (ranked as Leading Law firm in Private Client sector by the Legal500 EMEA for the consecutive years) developed its Private Client desk services for HNW individuals and their businesses and Next Gen Wealth.

The core services for HNW individuals rendered by KIELTYKA GLADKOWSKI LEGAL include:

  • coordinating the Clients’ legal affairs in Poland and globally through extensive network of affiliated specialised law firms;
  • legal advice in wealth management;
  • succession planning, superannuation, and family agreements;
  • assistance to private investors investing across different asset classes;
  • capital investments and investment planning;
  • legal support in creating trust funds and tax optimization;
  • separation of assets from risks;
  • litigation;
  • estate administration;
  • property acquisitions and development;
  • advice and support on business and corporate structuring;
  • assistance in drafting and negotiating stakeholder agreements, such as partnership, shareholder and joint venture agreements.


KIELTYKA GLADKOWSKI LEGAL has been recognised by the independent legal market media (LINK TO THE ARTICLE) as the law firm strongly developing its Private Client desk in the direction of comprehensive legal services rendered to high-net-worth individuals in wealth management, investments across different asset classes; capital investments and investment planning; legal support in creating trust funds and tax optimization as well as advice and support on business and corporate structuring.

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Deadlines in Polish civil and administrative proceedings have been suspended for the period of COVID-19 epidemy in Poland

Deadlines in Polish civil and administrative proceedings have been suspended for the period of COVID-19 epidemy in Poland

In connection with the announcement of the state of the epidemic in Poland, the Polish government has prepared a package of solutions that are aimed at mitigating the effects of the coronavirus. The Act of March 31, 2020 amending the Act on specific solutions related to the prevention and eradication of COVID-19, other infectious diseases and crisis situations caused by them (link to the legal act) introduces crucial regulations from the litigation point of view, namely regulations aiming to suspend for the time of the coronavirus epidemy in Poland the deadlines resulting from the administrative law, for example the period of prescription as well as the procedural and court deadlines. During the coronavirus epidemy in Poland the time periods that already started to run, are suspended for the time of epidemy, and the time periods which have not yet begun – will start running when the epidemy is officially cancelled in Poland. 

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