Transport law is currently one of the most dynamically developing areas of the Law Firm’s practice. Though our transport law team can boast many years of experience in this area, it still engages in professional development to continually strengthen its expertise. Not only do we strive to keep up with changing regulations, but we also try to contribute to legislation by reviewing such regulations and proposing modifications to them in the legislative process. Our goal is to keep also our Clients a step ahead of the competition. We value regular and close contacts with representatives of the industry.
Our Clients operate in the TSL industry and in the sector of public collective transport. Our team provides legal assistance to both private enterprises and public entities, in particular local government units at all levels and municipal companies. As a result, we approach problems of transport market players from the perspective of the industry as a whole. We recognise individual needs of our Clients and always try to take the specifics of their business into consideration, whether we advise a private carrier or a municipality launching a tender procedure for transport of students to schools.
Areas of practice
We draft and negotiate contracts for domestic and international (CRM) freight, forwarding, reloading, warehousing and storage services and contracts concerning means of transport (lease, rental, sales contracts). Our team also develops solutions minimising both risks and liability of our Clients. Moreover, we represent entrepreneurs in their relations with insurance companies.
We assist our Clients in resolving disputes that may arise in connection with their business, including those relating to debt collection, conflicts over liability of the carrier and the forwarder, and in resolving both customs and tax issues (including the customs bonded warehouse procedure, excise duty, VAT, etc.). We have participated quite successfully in proceedings before public authorities (including the Provincial Inspectorate of Road Transport, General Inspectorate of Road Transport, President of the Office of Electronic Communications, President of the Office of Competition and Consumer Protection, President of the Office of Railway Transport). Our Law Firm has extensive experience in handling disputes with entrepreneurs and authorities of other countries in cooperation with a selected group of foreign law firms.
A number of our Clients search for additional sources of financing and it is our role to find the best solutions for them. We support Clients in negotiations with financial institutions and we draft and review relevant contracts. Our team participates also in the preparation of projects presented for co-funding at the national and EU level.
The scope of our practice includes issues related to employee matters, with a special consideration given to specific conditions in the industry (control over working time of drivers, optimisation of the use of human resources). We have also worked on issues related to the fleet management. Our Law Firm represents Clients who deal with the rental of passenger vehicles, vans and trucks, including long-term rental. We have experience in handling disputes over the excessive wear on vehicles.
Many of our Clients are subject to the provisions of public procurement law and our Law Firm provides them with assistance with the organisation and carrying out of the contract award procedure (e.g. for the purchase, replacement and repair of the fleet) and procedures for awarding a public collective transport concession. We act quite successfully as consultants and attorneys of private entities applying for the award of a public procurement contract. They are also supported by us at the stage of appeal procedures, during which they may take advantage of our experience acquired in numerous proceedings before the National Chamber of Appeal.
Our Law Firm is one of the pioneers and market leaders in a wide range of advice to organisers of public collective transport. We support organisers in developing and implementing concepts regarding the shape and functioning of public collective transport. Analyses drafted by our lawyers refer in particular to the interpretation of provisions of the Public Collective Transport Act and so-called Regulation no. 1370. We review draft resolutions of local government units and suggest solutions concerning their cooperation (including draft agreements between such units). Our team also drafts and negotiates contracts for the provision of public collective transport services. For years, we have been organising and acting as speakers at industry seminars and training sessions during which our specialists share their extensive knowledge and experience.
We have unique expertise in regulations concerning compensation for the provision of public collective transport services. In this specialist area, we have managed to earn the trust of clients in the industry which we continually deepen by sharing with them our knowledge on the methods of calculation and audit of compensation during numerous training sessions and conferences. We are pioneers in the interpretation and application of the EU regulations and judicial decisions within the national context. We review solutions regarding investments and co-funding in the light of state aid regulations.