Poland’s membership in the European Union means that Polish businesses are subject to determinations by EU institutions, bodies and agencies. In our legal advisory, we offer support in proceedings and disputes with an EU element or based on EU law, including proceedings before the European Commission, EU courts (Court of Justice, General Court), and EU agencies (such as EUIPO and OLAF).
When do businesses become involved with EU law, and why is it so important to be familiar with EU law?
Poland’s membership in the European Union means that Polish businesses often have to interact with EU regulations. They may apply for co-financing from EU funds, apply for registration of EU trademarks, or participate in litigation or other proceedings with an EU element. They may also enter tenders organized by EU institutions and agencies, or be issued various decisions pursuant to proceedings conducted by these institutions.
Sometimes decisions and determinations by EU institutions directly involve our clients’ customers, suppliers or competitors, but also have a significant impact on our clients’ legal and financial situation.
Challenges for firms connected with EU law and proceedings before EU institutions
Proceedings before EU institutions often differ substantially from proceedings before Polish courts and administrative authorities. To conduct such proceedings properly, it is essential to know the EU procedures, to be oriented to the sectoral regulations, and to have practical experience in their application. This involves the Statute of the Court of Justice of the European Union, the procedural rules of the EU courts, as well as the rules for specific proceedings before EU institutions and agencies.
If they are unfamiliar with these regulations, undertakings risk losing their case before the EU courts and suffering related financial consequences, and in administrative proceedings, a negative decision or refusal to consider the application.
European Union law—benefits from legal assistance
KPMG Law support in proceedings before EU institutions
Proceedings before the European Commission
We offer support in proceedings by the European Commission involving EU competition law and the award of state aid. We draft positions and responses to inquiries, and contact the relevant divisions at the Commission to directly present the client’s position.
We advise in formulating communications between the member state or UOKiK and the Commission to ensure that the views of state aid beneficiaries are properly presented. We conduct a legal assessment of materials intended for the broader public, particularly to ensure that they are not misleading and do not generate risks for the client.
Proceedings before the Court of Justice and the General Court
We support clients throughout proceedings before the courts making up the Court of Justice of the European Union–the Court of Justice and the General Court–from drafting complaints, through exchange of pleadings, preparing for hearings, and representing the client at the hearing.
Complaints to the General Court against decisions by the EUIPO Board of Appeal
We represent clients before the General Court in proceedings concerning EU trademarks and Community designs. When needed, we assist in preparing a reasoned application to the Court of Justice to allow an appeal from the judgment of the General Court.
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