Automotive sector

Our team of specialized and experienced lawyers ensures comprehensive advice for the automotive sector, including for motor vehicle producers, importers and dealers.

We have assisted firms in the automotive sector since the 1990s. Since that time we have developed constantly, ensuring that we provide support to our clients (including leading producers, importers, and distributors, of a number of leading motor vehicle models) in all areas of law. Our clients can benefit from using the services of one of the largest inter-disciplinary teams in Poland which deals regularly with the automotive sector. We always strive to take account of the business effects of our proposed solutions.

Our services include support in all areas related to the activity of companies in the automotive sector, and in particular:

1.        We prepare documentation and give advice regarding:

  • M&A transactions both for buyers and for sellers. We have experience both in simple and in complex international transactions carried out in various jurisdictions. Recently, for example, we advised on an international transaction involving, amongst others, an acquisition of Polish companies which deal in the production of motor vehicles and motor vehicle parts,
  • agreements related to the production of motor vehicles, subassemblies, components, spare parts, and accessories (production agreements),
  • distribution and dealer agreements with general importers, authorized dealers, and authorized motor vehicle after-sales services (dealer/after-sales service agreements),
  • agreements related to sales to end customers of motor vehicles, spare parts, and accessories, both to business customers (B2B) and consumers (B2C),
  • loyalty programs and promotional campaigns organized for customers or employees of a dealer network,
  • various forms of restructuring of entities from the automotive sector, including mergers, transformations, and divisions,
  • sale programs, including promotional sales, e.g. by preparing or verifying bulletins, instructions or other communiqués,
  • regulatory issues concerning, including issues related to environmental protection, recycling, and ELV (End of Life Vehicles: vehicles withdrawn from use),
  • marketing, advertising and the display of vehicles, also as regards regulatory issues,
  • customer complaints (both B2B and B2C), including as part of the guarantee and sales guarantee,
  • importer and dealer financing, including with regard to complicated credit and factoring structures,
  • motor vehicle leasing,
  • tax issues (including VAT, excise duty, and customs) related to the operating activity and restructuring of the distribution and dealer activity;  and
  • protection of personal data, including compliance with the Personal Data Protection Regulation (Polish: RODO), as well as new technologies (including intelligent systems in motor vehicles and their impact on privacy).

2.     We conduct audits and training courses for the automotive sector, including with regard to the protection of competition and consumers, employee issues, as well as personal data; and

3.      We represent producers and importers in the following proceedings:

  • tax and administrative,
  • court proceedings concerning, in particular, disputes with dealers (including before the Supreme Court),
  • antimonopoly cases (before the Competition and Consumer Protection Office),
  • trademark protection; and
  • consumer disputes.