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Audit of the economic credibility of an employment agency for a German client

At the request of a German client, KG Legal verified a Polish employment agency addressed by a foreign entity operating in the field of employing workers from India in Poland for jobs related to steel and mining industry in one of the largest economic zones in Poland. A positive audit aimed to provide credibility conditions for the foreign client which opens effective cross-border cooperation. Foreign business entities wishing to cooperate with the Polish employment agencies, first of all, pay attention to the presence of employment agencies in public business registers (Register of Entrepreneurs of the National Court Register, Register of Employment Agencies) and to the conditions for issuing a certificate on registering an entity in the register entitling to provide services as an employment agency in Poland.

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KG Legal has won a court case for one of the largest Austrian banks

KG Legal has successfully obtained a valid order for payment against a Polish citizen under a loan agreement concluded with one of the financial institutions based in Vienna. In this cross-border case KG Legal represented a foreign client, an Austrian bank. KG Legal effectively advised on the selection of the litigation procedure, methods of serving pleadings in cross-border cases and determining the debtor’s place of residence in Poland.

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KG Legal effectively manages to obtain child return order from the Polish Court

KG Legal Family Law Team succeeded in obtaining child return order from the Polish Family Court under the Abduction Convention (Convention of 25 October 1980 on the Civil Aspects of International Child Abduction).

In the present case the child was abducted by the Polish mother from the Dutch jurisdiction and brought to Poland. The child’s father (Dutch citizen) agreed to the mother’s trip with the minor child for a few weeks to Poland. After that time the mother failed to return the child to its habitual place of residence.

The Polish Family Court verified the negative premises of child return order based on art. 13 letter a) and b) of the Abduction Convention. All negative premises were ruled out by the Polish Family Court when ordering the minor’s return to Holland.

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Polish – Danish foreign investments

The Polish parliament is proceeding on a bill that will agree to a new agreement between Denmark and the Republic of Poland on the change and termination of the Agreement between Poland and Denmark on the promotion and mutual protection of investments, signed in Copenhagen on May 1, 1990.

This is the result of the proceedings of the European Commission (so-called EU Pilot) regarding non-compliance, among others, of this Intra-EU BIT Agreement with EU law. This solution is necessary due to such clauses in the international agreements like sunset clause.

According to the justification of the Act, the largest Polish direct investment in Denmark was the takeover by Asseco Poland S.A. of IT Practice A/S block of shares. At the end of 2015, the Kingdom of Denmark was placed on the 14th position in the ranking of direct foreign investments in Poland, and the value of Danish cumulative capital in the Republic of Poland, according to the National Bank of Poland, amounted to EUR 3,3 billion.

It should be noted that the compliance of intra – EU BIT agreements is examined by the Court of Justice of the European Union on matters such as Case C-284/16. (link)

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Child return order in the Polish jurisdiction based on Hague Convention

KG Legal Poland successfully obtains child return order issued by the Polish Family Court in the international child abduction case. Polish Family Court verifies in detail the conditions expressed in article 13 of the Convention. The report prepared by expert psychologists (to verify the possible grave risk that his or her return would expose the child to physical or psychological harm) is of utmost importance in the proceedings and in a number of cases has a decisive effect on the outcome of the case.

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