German (DACH) desk

We have expertise and experience in providing services to companies within the German-speaking market. Our desk’s lawyers received their education at universities in Germany and have practised there. We understand the needs, expectations and cultural context of clients coming from this region.

Through close cooperation with leading law firms, we provide legal support in the German, Austrian and Swiss markets.

We are a member of the Polish-German Chamber of Industry and Commerce (AHK Polska) which has been actively working to enhance Polish-German economic relations, representing the interests of around 1,000 member companies. Owing to our AHK Polska membership, we can attend numerous business meetings and conferences, source and exchange valuable information, establish and strengthen business relationships.

How can we assist?

We offer advisory at every stage of the investment process, represent clients in litigation and provide regulatory advice.

We offer comprehensive support in a variety of areas, including:

  • Implementation of greenfield and brownfield investments
  • Transaction services
  • Comprehensive day-to-day legal services and business consultancy
  • Support in litigation, including arbitration
  • Advice on employment and tax issues
  • Assessment of eligibility for tax incentives, including the IP Box and R&D tax reliefs
  • Obtaining state subsidies
  • Investment financing
  • Environmental protection
  • Acquisition and sale of a wide range of infrastructure, generation and transmission assets

We are active in the sectors of the economy which are key to German companies:

  • Automotive
  • Construction
  • Energy
  • Food
  • Aviation and railways, engineering
  • Research and development
  • Transport and logistics

Our Team

Dr iur. Michał Będkowski-Kozioł

Michał specialises in Polish and EU competition law, including state aid, and in infrastructure regulatory law, particularly within the energy and railway sectors.

Click here to see the full profile.

Weronika Duda

Weronika specializes in civil and administrative law within   the real estate market– both in terms of legal due diligence of real estate, the negotiation of real estate purchase and construction contracts, and real estate commercialisation (by negotiating leases). She advises international clients, with particular focus on the German-speaking market.

Click here to see the full profile.

Markiyan Malskyy, PhD hab.

Markiyan specialises in investment projects and dispute resolution, primarily in international commercial and investment arbitration. He is also Head of our Ukrainian Desk.

In 2016, he was granted an exequatur as Honorary Consul of the Republic of Austria in Lviv. The consular district of the Honorary Consulate in Lviv covers 6 oblasts of Ukraine: Lviv, Volyn, Zakarpattia, Ivano-Frankivsk, Ternopil and Rivne. Markiyan was appointed by the President of Ukraine as Governor of the Lviv Oblast and served in 2019.

Click here to see the full profile.

Why Poland?

  • Human capital: highly skilled and young labour force (26.5 million inhabitants under the age of 55).
  • Large domestic market (6th largest country in the EU in terms of area and population).
  • Many years of DACH-Polish cooperation resulting in a mutual understanding of business etiquette and a common focus on global development.
  • German as the second most popular language in Poland (after English).
  • Academic hub (1.20 million students; 313 thousand graduates annually).
  • Rapidly developing infrastructure (5th longest road network in Europe).
  • Business-friendly environment (3rd most attractive country to invest in the CEE region in 2021).
  • Attractive incentives (up to 15 years CIT free).

German Businesses in Poland

Value of foreign capital invested in Poland

At PLN 35 billion, Germany ranks 2nd in terms of invested funds (the Netherlands is the leader with PLN 48.5 billion).

Most of this capital (72.6%) has been invested in trade, automotive repair and industrial processing (CSO, 2020).

There are 8 705 companies in Poland in which one of the shareholders is a German company or an individual who is a German citizen. Most companies of this type are located in the following provinces:

  • Mazowieckie (2 219, i.e. 25%)
  • Dolnośląskie (1 184, i.e. 14%)
  • Śląskie (869, i.e. 10%)

The largest number of companies with German capital operate in Warsaw (1 939).

Germany is Poland’s most important trading partner

According to the Central Statistical Office (CSO), Polish exports to Germany in 2021 were worth ca. PLN 345 billion, with imports from Germany amounting to ca. PLN 250 billion. Exports to Germany represent a significant and continually rising contribution to GDP for Poland. In 2021, this amounted to 14.8%, with imports at 10.9%.

According to the Polish Investment and Trade Agency, the greatest growth prospects can be expected in the following industries:

  • IT
  • Food (organic products, vegetables, fruit and honey)
  • Automotive (due to disrupted supply chains and the search for closer partners, as well as the move away from internal combustion engines)
  • Furniture (due to the development of e-commerce and a growing awareness of the quality of Polish furniture)
  • High-tech (developments in industry and commerce, artificial intelligence)

German investments in Poland

German companies have invested in Poland in almost all key sectors, with the largest businesses concentrating around the following markets:

  • Pharmaceuticals: BAYER
  • Financial: Deutsche Bank, Allianz
  • Transport and logistics: Deustche Post DHL Group
  • Telecommunications: Deutsche Telekom Group (T-Mobile)
  • Energy: E.ON (innogy, RWE)
  • Technical and industrial: BOSCH, Viessmann
  • Automotive: BMW, Volkswagen, Mercedes-Benz

Recent selected investments in Poland

  • MAN Truck & Bus SE – expansion of a truck plant in Niepołomice, production go-live scheduled for September 2022, investment value: EUR 95 million
  • Mercedes-Benz is investing in a zero-emission plant in Jawor – work on the investment is to start in several months and is due for completion in 2024. The cost of the investment is several dozen million PLN.
  • Viessmann is constructing a new factory in Legnica on a 17 ha plot on the site of the former airport, which was purchased from the city for over PLN 21 million; this will be the largest investment in the history of the Viessmann group.
  • RWE is starting the construction of a wind farm near Żnin and in Wierzchlas. It is also at an advanced stage of preparation for the construction of F.E.W. Baltic II, and has submitted applications for further concessions in the Baltic Sea.

Austrian Businesses in Poland

There are currently 918 companies in Poland in which one of the shareholders is an Austrian company or an individual Austrian citizen.

Most companies of this type are located in the following provinces:

  • Mazowieckie (417, i.e. 45%)
  • Małopolskie (101, i.e. 11%)
  • Śląskie (101, i.e. 11%)

The largest number of companies with Austrian capital operate in Warsaw (374), followed by Kraków (75).

In 2021, the value of Polish exports to Austria exceeded EUR 5.2 billion. The largest increase in exports in absolute terms was recorded for the following commodity groups:

  • Base metals
  • Vehicles and transport equipment
  • Miscellaneous industrial items
  • Machinery and mechanical appliances
  • Mineral products

For these five commodity groups alone, the annual increase in export value was as high as EUR 927 million.

Traditionally, exports of ready-to-eat foods grew strongly (+30%), exceeding EUR 300 million.

The highest value increases in percentage terms were recorded for vehicles and transport equipment (+60%), base metals (+57%) and mineral products (+56%).

Of the CSO’s 21 main product groups, all recorded an increase in export value in 2021.

Austrian companies on the Polish market mainly operate in the following sectors:

  • Financial: Erste, Uniqa
  • Construction: Strabag
  • Software/IT: Novomatic
  • Jewellery/glass: Swarovski
  • Food: Red Bull GmbH

Swiss Businesses in Poland

At the end of 2021, there were 729 companies in Poland in which one of the shareholders was a Swiss company or an individual Swiss citizen.

Most companies of this type are located in the following provinces:

  • Mazowieckie (326, i.e. 44%)
  • Dolnośląskie (69, i.e. 9%)
  • Małopolskie (59, i.e. 8%)

The largest number of companies with Swiss capital operate in Warsaw (294), followed by Kraków (50).

Switzerland is a major investor in Poland. According to data from the National Bank of Poland, the cumulative value of Swiss investments in Poland reached EUR 6.48 billion at the end of 2019.

Swiss companies on the Polish market primarily operate in the following sectors:

  • Transport: Stadler Rail AG
  • Pharmaceuticals: Roche
  • Financial: Credit Suisse, Winterthur (insurance)
  • Food: Nestle S.A.
  • Industrial: SWISS Krono Group
  • Medical devices: Align Technology Afab

Recent selected investments in Poland

  • Align Technology Afab Poland – construction of a plant for the production of transparent teeth aligners in Wrocław, investment value: EUR 118 million
  • SWISS Krono intends to launch a wood recycling hub in Żary, with a target start-up planned for the second half of 2023. In the first stage, the company will invest EUR 20 million, with the entire project worth around EUR 30 million

Contact us:

Michał Będkowski-Kozioł, PhD, LL.M.

Michał Będkowski-Kozioł, PhD, LL.M.

Partner, Head of Competition & Antitrust Law Practice, Co-Head of German Desk

+48 883 323 477

m.bedkowski-koziol@kochanski.pl

Weronika Duda

Weronika Duda

Attorney at Law, Counsel, Real Estate Practice, Co-Head of German Desk

+48 888 736 561

w.duda@kochanski.pl

Markiyan Malskyy, PhD hab

Markiyan Malskyy, PhD hab

Advocate (UA), Partner, Head of Ukrainian Desk

+48 734 462 582

m.malskyy@kochanski.pl