Założenie i rejestracja europejskiego ugrupowania interesów gospodarczych w Polsce – analiza zagadnienia
Setting up and registering a European Economic Interest Grouping in Poland: An analysis of the problem

Summary/Abstract: The European Economic Interest Grouping is a legal form of cooperation introduced into Polish domestic law by Council Regulation (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping. In some of its content, in particular concerning the registration procedure, this piece of legislation refers to national regulations. In Poland, such regulations are the Act of 4 March 2005 on the European Economic Interest Grouping and the European Company. Even though it has been possible to establish an EEIG in Poland for many years, few EEIGs have been registered. The reason behind this may be lack of awareness of the rules and regulations concerning this type of legal entity. Polish companies are often members of EEIGs, however, these EEIGs are set up and registered in the “old EU” countries rather than in Poland. While deciding where the newly established EEIG should be registered, European companies show preference for the “old EU” countries, indicating that Polish courts and authorities lack experience with EEIGs. Therefore, it is reasonable to discuss the legal issues concerning setting up and registering EEIGs in Poland. This article takes on this issue and indicates the practical problems that arise when establishing an EEIG in Poland. While noting the problems, the author calls for some changes in this area. The author is a legal adviser who provides legal assistance for a company, which, due to the obligations imposed on it by European Union regulations, participates as a member of an EEIG in its establishment and registration. Thus, through this publication, the author shares her experience in this field.

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