In legal transactions involving entities from different countries, a number of problems of legal nature arise which can be summed up as follows:

  • determination of the law applicable to a given legal relation;

  • existence of the national jurisdiction in case of a legal dispute (international competence of law courts);

  • the carrying out of decisions and adoption of official documents drawn up in another country.

The Law Office RGW Roclawski Rechtsanwälte offers legal aid in dealing with the above issues taking account of relevant regulations, starting from the stage where contracts with an international element are being prepared, through determination of the applicable law and the court competent to solve a dispute right down to representation of a Client before the court of factual jurisdiction in Poland or in Germany.

We also assist our Clients in filing claims against clients from another country in proceedings concerning recognition and enforcement of legally valid judgments made abroad.

Important legal instruments:

Germany

Poland

Introductory Act to the German Civil Code(Einführungsgesetz zum Bürgerlichen Gesetzbuch, abbr „EGBGB”)

The Act of 4 February 2011, International Private Law (Prawo międzynarodowe prywatne)

The Act of 17 November 1964, Code of Civil Procedure (Kodeks postępowania cywilnego)

Regulation of the European Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I)

Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contract obligations ( Rome II )

Regulation of the European Parliament and of the Council (EU) No. 1215/2012 of 12 December 2012 on jurisdiction and recognition of judicial decisions and enforcement thereof in civil and commercial cases

Regulation of the Council (EC) No. 1346/2000 of 29 May 2000 on bankruptcy proceedings

Regulation of the Council (EC) No. 1348/2000 of 29 May 2000 on the service in Member States of judicial and extrajudicial documents in civil and commercial cases

Regulation of the Council (CE) No. 1206/2001 of 28 May 2001 on cooperation between Member States on hearing evidence in civil or commercial cases