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Services of engineers: Judgement of the European Court of Justice of 7 October 2010 C-222/09 in the matter of Kronospan Mielec

On 1 July 2010, attorney Małgorzata Sobońska (of MDDP law firm), together with tax advisor Tomasz Michalik (MDDP, tax consulting company), successfully represented Kronospan Mielec in proceedings before the European Court of Justice in Luxembourg in the first “Polish” matter concerning the interpretation of Community law, whose effect for the first time transcended the Polish border and extended to the territories of all Member States equally (thus far, any matters referred to the Court by a Polish court concerned an assessment of compliance of national laws with Community laws and directly affected solely the national law system). The judgement of the Court (C-222/09), issued on 7 October 2010, defined the term "services of engineers” in the context of overlapping research and development services, and ruled that “services consisting of research and development work relating to the environment and technology, carried out by engineers established in one Member State on a contract basis for the benefit of a recipient established in another Member State, must be classified as ‘services of engineers’ within the meaning of the Sixth Council Directive on VAT.”

Transportation industry: nearly PLN 350 million in interest on outstanding social security contributions salvaged as a result of a defence of the interpretation of the Restructuring Act

In the years 2005-2007, attorney Małgorzata Sobońska (of MDDP law firm), together with attorney Renata Dłuska (MDDP, tax consulting company), represented a major Polish transportation company in more than 100 court proceedings against different branch offices of the Social Security Office, which was successfully concluded with two resolutions of the Supreme Court (II UZP 18/06 and II UZP 19/06) which resolved a highly contentious legal issue in favour of the client. As a result of successfully concluding all the pending proceedings, the attorneys of MDDP managed to defend a favourable interpretation of the Restructuring Act and avoid payment of interest on restructured social security contributions in the amount of nearly PLN 350 million.

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