Enforcement of a debt in small claims procedure in Poland (Regulation (EC) No 861/2007)

KG Legal enforces a debt for a very regonised Austrian financial institution, regarding arrears in payments from a Polish entity. KG Legal has chosen European small claims procedure (ESCP) as the most suitable way of enforcement in this case. This procedure is foreseen in Regulation (EC) No 861/2007, which could be found here. The value of the claim in ESCP cannot exceed €2000. According to Article 27b of  the Polish Act of 28 July 2005 on Court Costs in Civil Cases, court fee in a case examined in ESCP is fixed and amounts to 100 PLN.


Second Edition of the Warsaw Conference “Export to the Arab States of the Persian Gulf”

The Conference will take place on 23 October 2017 in Warsaw in Hotel Mariott. KG Legal will actively participate in this evet which is dedicated to all entrepreneurs who invest in the Arab States of the Persian Gulf.


Enforcement of foreign judgments in Poland (Regulation no 1215/2012 of the European Parliament)

While enforcing a foreign judgement in civil or commercial disputes in country other than the one where the court is located, there appears the need to apply EU regulations in that case. Legal provisions that are supposed to help in a quick and flawless closing of the case are provided by Regulation no 1215/2012 of the European Parliament and the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

That legal act provides for automaticity of recognition of sentences issued by other EU courts. However, annex 1 contains regulations on certificate concerning the judgement. This certificate, issued by the court, should be handed to the defendant and it contains information about the court of origin (name, address, contact data), claimants, defendants and the judgement.

When it comes to the judgement, its summary should include the date of judgement, its reference number, the information whether it is enforceable in other member states without any further conditions, the terms of the judgement, the principal amount enforced and the interest, together with short description of the subject-matter of the case and the decision about the awarded sum (principal amount, possible instalments, currency, rate or amount of interest, decision about the costs of proceedings). After the judgment and the certificate are provided, there can take place the enforcement of the judgment by the bailiff in Poland.


Employing foreigners in Poland: changes in law

As of June 1, 2017, changes to the employment law in respect, among others, of temporary workers came into force. Companies employing temporary workers in Poland and transferring such workers abroad must prepare for significant cost increases and an increase in bureaucratic restrictions related to regulatory changes. Changes in regulations also apply to companies bringing foreigners to Poland.

There was expanded the catalogue of sanctions, introducing penalties of up to PLN 100,000.00 and increasing the number of cases in respect of obligatory removal of an entrepreneur from the register of employment agencies. Employing foreigners in Poland_Changes in law PDF



A landmark judgment for all franchisers in Poland

An expert comment made by the founding partner of KG Legal in respect of a landmark judgment on Polish franchise agreement

An expert comment made by the founding partner of KG Legal Kiełtyka Gładkowski to Polish Law Journal, 7-9 July 2017 No. 26 (81), in the article by J. Styczyński, “The Court issues a courageous judgment on franchise agreement: franchise contract may be broken if there was no trust between the parties”. The landmark judgment issued by the Court of Appeal in Krakow on 30 March 2017 (case file number I ACa 711/16).

– A soft franchise can be recognized by the manner of taking action by the owner of a franchised shop who, while maintaining business within the network of a given brand, retains a great deal of its business distinctiveness – explains Małgorzata Kiełtyka, attorney and partner at KG LEGAL Kiełtyka Gładkowski. […] On the other hand, Małgorzata Kiełtyka emphasizes that the lack of this guarantee should be taken into account in particular by beginner entrepreneurs in franchise sector. – The franchisee receives a franchise package in which he or she is provided with knowledge and support as to how to do business, and in any case, is provided with an access to the distribution of goods (services) on special terms. But even the strongest and most recognizable brand with which the franchise will be equalized in the market, does not always balance all the financial burdens imposed on the franchisee as a part of the franchise agreement.“.