Disruptions in the supply chain, dynamic growth of technologies, optimising the efficiency of manufacturing plants, mitigation of environmental risks, tax security, financing of new projects, optimal HR solutions—these are just a few of the many challenges facing the automotive industry.
We provide legal assistance to all types of clients from the automotive industry. We advise original equipment manufacturers (OEMs), manufacturers and suppliers of automotive parts and components, vehicle distributors and dealers, companies with fleets of vehicles, logistics firms, and investors involved in this industry. Our support covers such areas as:
We provide comprehensive support at the stage of preparation and execution of new development projects, including locating and acquiring sites, obtaining the necessary licences and approvals, obtaining financing (including state aid), and accounting for project costs.
We negotiate, draft and provide opinions on contracts for the purposes of various models of commercial cooperation, including joint-venture, distribution, franchise, agency, sale, supply and framework agreements. We prepare and assess form contracts used by original equipment manufacturers and Tier 1 and Tier 2 suppliers, including guarantee and exclusion clauses. We advise clients in structuring intra-group contracts.
We advise on development and implementation of new technologies in the automotive industry, including electric-vehicle projects, car-sharing services, and production of autonomous vehicles.
We advise on Polish and international requirements for environmental protection, sustainable growth, and supply chain sustainability, including emissions, vehicle disposal, and recycling of batteries.
We advise on all tax aspects of business operations, including cross-border payment issues (withholding tax), transfer prices (transfer pricing policy, advance pricing agreements, transfer pricing documentation), settlements regarding tax exemptions (e.g. in connection with the Polish Investment Zone), VAT settlements (including cross-border transactions), personal income tax and social insurance, particularly with respect to mobile staff and management.
We assist our clients in creating and implementing consistent internal control systems for all or selected areas of operations.
We support clients in optimal and safe use of state aid. We assist at the stage of applying for and obtaining financing from public funds. We advise on how to combine various forms of aid, to ensure that measures comply with the state aid regulations and that the aid received is properly accounted for. We also advise on implementation of tax incentives in the form of income tax exemption in special economic zones or the Polish Investment Zone, exemptions from real-estate tax, R&D relief, and IP Box.
We provide comprehensive advice on individual and collective employment law, tailoring solutions to the client’s business goals. We advise in creation, modernisation and relocation of plants, optimisation of employment, supplying Polish workers to foreign entities, and legalisation of work and residence in Poland by citizens of third countries.
We provide legal advice at all stages of mergers and acquisitions in the automotive industry. We provide complete due diligence investigation reports and draft framework agreements governing the structure and specific stages of transactions. We prepare letters of intent, heads of terms, confidentiality agreements, and preliminary, final and dispositive contracts involving shares, enterprises, organised parts of enterprises, and specific assets.
We advise on competition and consumer protection law, including at the international level. We advise and represent clients in proceedings before the Polish competition authority and the European Commission. We advise on dealings with competitors, suppliers, distributors and customers. We develop procedures and provide training on antitrust compliance.
We provide legal assistance in obtaining and maintaining rights to trademarks, utility models, patents, industrial designs, and geographical designations. We provide support in transfers of technology and intellectual property rights. We advise and represent clients in disputes over infringement of intellectual property rights. We cooperate with customs authorities in proceedings involving infringing goods seized at the border.
We advise on protection of privacy and personal data. We support clients in projects involving big data, cybersecurity, data sharing, digital mobility, and connected-car systems.
We provide legal advice on in-court restructuring, debt restructuring, and corporate, organisational and asset restructuring.
We provide legal advice and representation in proceedings before the state courts and arbitral tribunals, the Supreme Court of Poland, the Constitutional Tribunal, national and local administrative authorities, the administrative courts, and the Supreme Administrative Court.