Railway law for businesses in Poland

Railway law in Poland combines sector-specific regulation, administrative proceedings, European Union requirements, commercial contracts and court disputes. Tomasz Piotr Chudzinski & Partners Law Firm advises railway undertakings, infrastructure managers, service facility operators, rolling stock owners, suppliers and other businesses active in the Polish railway market. We also represent clients before the President of the Office of Rail Transport, the minister responsible for transport and the competent courts.

Our work is tailored to the regulatory status of the client, the type of railway activity and the commercial objective of the project. We identify the applicable procedure, analyse the evidence and technical material, prepare submissions and coordinate the regulatory and contractual parts of the matter.

Who we advise on railway law in Poland

We provide railway law advice to Polish and foreign businesses operating in or entering the Polish market. Our clients may include:

railway undertakings carrying passengers or freight;
railway infrastructure managers and railway siding users;
operators of service facilities;
applicants for infrastructure capacity;
entities in charge of maintenance, known as ECMs;
owners, keepers, manufacturers, importers and modernisers of railway vehicles;
suppliers of equipment, components and services for the railway sector;
investors implementing railway infrastructure projects;
employers of train drivers and other railway personnel;
contractors and subcontractors involved in transport, maintenance and construction projects.

At the outset, we establish whether the case is primarily regulatory, administrative, contractual or contentious. Many railway matters involve all of these elements at the same time, so the legal strategy must be consistent across the proceedings.

Representation before the President of the Office of Rail Transport

The President of the Office of Rail Transport, commonly referred to in Poland as the President of UTK, is the central regulatory authority for the railway market. Proceedings before the authority may affect a licence, access to infrastructure, safety documentation, the operation of rolling stock or the financial exposure of a business.

We represent clients during the entire administrative process, from the first request for information or inspection to the final decision and any appeal. Our assistance may include preparing explanations, responding to the authority’s questions, reviewing technical evidence, participating in inspections and challenging unfavourable decisions.

Access to infrastructure and allocation of capacity

We advise on disputes concerning access to railway infrastructure, applications for capacity and the allocation process. This includes reviewing a network statement, access conditions, timetabling decisions and the rules applied by an infrastructure manager. We also assist where a railway undertaking questions a refusal, restriction or condition imposed during the allocation of capacity.

Network statements, tariffs and charges

Railway law in Poland regulates the content of network statements and the calculation of infrastructure charges. We analyse whether applicable conditions, tariffs and additional charges comply with the statutory and regulatory framework. Where necessary, we prepare complaints to the President of UTK and represent the client in the resulting proceedings.

Open access and the economic equilibrium test

Passenger railway services may require an open access decision. Depending on the market circumstances, the authority may examine whether the proposed service would compromise the economic equilibrium of an existing public service contract. We support applicants and other affected entities in preparing their position, evidence and economic arguments.

Service facilities

We advise operators and users of service facilities on access rules, terms of service, charges and refusals of access. A matter may concern passenger stations, freight terminals, maintenance facilities, railway sidings or other infrastructure used to provide rail-related services.

Railway undertaking licences

We assist with applications for a railway undertaking licence, changes to an existing licence and proceedings concerning its suspension or revocation. The work may cover organisational requirements, professional competence, financial standing, civil liability and the documents required by the authority.

Safety certificates, authorisations and safety management systems

Our railway practice includes advice on single safety certificates, safety authorisations and safety management system documentation. Depending on the route and scope of operations, a case may involve the President of UTK or the European Union Agency for Railways. We help clients organise the legal and documentary parts of the application and respond to questions raised during the assessment.

Inspections, remedial orders and administrative fines

An inspection by the President of UTK may lead to remedial measures, restrictions on operations or an administrative fine. We support businesses during inspections, analyse inspection records, prepare objections and explanations, and represent clients in proceedings concerning alleged infringements. We also assess whether the authority has correctly established the facts and applied the principles governing administrative penalties.

Rolling stock, interoperability and market surveillance

Railway vehicles and subsystems are governed by detailed national and European rules. We advise manufacturers, owners, keepers, importers and modernisers on procedures concerning authorisation for placing railway vehicles on the market, registration, vehicle keeper marking, maintenance obligations and changes to approved vehicles.

Matters may also concern technical specifications for interoperability, known as TSIs, ERTMS requirements, conformity assessment, components and national technical rules. Where the President of UTK conducts market surveillance or questions the conformity of a product, we help prepare the legal response and coordinate it with the client’s technical specialists.

Railway personnel and operational safety

Train driver licences and certificates

We advise employers and railway personnel on train driver licences, complementary certificates, medical and psychological requirements, training and examinations. We also represent clients in administrative and court proceedings where a licence or certificate is refused, suspended or withdrawn.

Railway accidents and incidents

After an accident or incident, several proceedings may run in parallel. Internal investigations, activities of railway authorities, criminal proceedings, employment issues and contractual claims can affect one another. We help clients secure documents, define the scope of legal privilege, prepare submissions and maintain a consistent position across the different processes.

Passenger rights and dangerous goods

Our work may include passenger rights, complaints, information duties and compliance with regulatory obligations. We also advise on the legal aspects of transporting dangerous goods by rail, reporting duties and the allocation of contractual responsibility between the businesses involved.

Proceedings before the minister responsible for transport

Some railway matters fall within the competence of the minister responsible for transport. We prepare applications, legal opinions and submissions, and represent clients in proceedings concerning matters such as:

derogations from certain technical requirements;
the closure of a railway line or railway siding;
the connection of railway lines and issues linked to essential state interests;
financing of railway infrastructure and public support;
approvals and decisions concerning the use or disposal of railway assets;
other individual regulatory matters reserved for the minister.

The exact procedure depends on the statutory basis and the decision sought. Before filing, we verify jurisdiction, standing, evidence and the available appeal route.

Appeals and judicial review in railway cases

A decision issued in a railway matter should always be reviewed together with the rules governing the correct appeal path. Depending on the legal basis, the matter may proceed to the Court of Competition and Consumer Protection, known as SOKiK, or through the administrative court system.

We prepare appeals, applications for reconsideration, complaints to a Voivodeship Administrative Court, known as WSA, and cassation appeals to the Supreme Administrative Court, known as NSA. We also assess applications for interim protection where enforcement of a decision could cause serious operational or financial consequences.

Our representation focuses on both procedural defects and the substantive railway rules applied by the authority. Technical evidence is translated into a clear legal argument, while the court submission remains consistent with the client’s regulatory and commercial objectives.

Railway contracts and commercial disputes

Railway law in Poland does not end with administrative regulation. Sector participants enter into complex agreements concerning infrastructure access, service facilities, transport, maintenance, repair, rolling stock leasing, construction, supply and subcontracting.

We draft, review and negotiate railway contracts. In particular, we address liability, service levels, delays, availability, acceptance procedures, technical specifications, indexation, penalties, insurance, confidentiality, intellectual property and termination. For foreign businesses, we also explain how mandatory Polish rules may affect the agreed contractual model.

If a dispute arises, we analyse the contract, correspondence, technical records and financial evidence. We prepare pre-action notices, negotiate settlements and represent clients before state courts or arbitral tribunals. Commercial disputes may concern non-performance, defective services or equipment, delayed delivery, contractual penalties, payment claims or the allocation of responsibility for operational interruptions.

How we handle a railway law matter

Initial assessment. We establish the client’s regulatory status, the competent authority, the deadline and the commercial objective.
Document and evidence review. We examine decisions, correspondence, contracts, technical material and internal procedures relevant to the matter.
Strategy. We identify the available administrative, judicial and commercial routes, including immediate measures needed to protect operations.
Representation. We prepare applications and submissions, take part in inspections or hearings and conduct negotiations.
Implementation. We support the client in complying with the decision, updating documents or pursuing an appeal.

Frequently asked questions about railway law in Poland

Can a foreign railway business receive legal advice in English?

Yes. We advise foreign companies in English and explain the Polish administrative process, the role of the President of UTK and the documents required for a particular activity or project.

Do you represent clients during inspections conducted by UTK?

Yes. We can assist before and during an inspection, review the inspection record, prepare explanations and represent the business in subsequent proceedings concerning remedial measures or financial penalties.

Which court reviews a decision of the President of UTK?

The correct route depends on the legal basis of the decision. Some matters are reviewed by SOKiK, while others follow the administrative route through a WSA and potentially the NSA. We determine the appropriate remedy after reviewing the decision and the statutory provision applied by the authority.

Can you assist with a single safety certificate or railway undertaking licence?

Yes. We help organise the application, review the legal and corporate documents, coordinate the submission with technical specialists and respond to questions raised during the assessment.

Do you handle contractual disputes in the railway sector?

Yes. We advise on disputes relating to transport, access, maintenance, rolling stock, supplies, construction and subcontracting. We also draft and negotiate the underlying agreements to reduce regulatory and commercial risk.

Selected official sources

The rules applicable to a railway project depend on its scope, the status of the entity and current national and European legislation. The legal basis should therefore be confirmed for the specific matter.

Discuss a railway matter with an advocate

If your business is dealing with a proceeding before the President of UTK or the minister responsible for transport, a licensing or safety issue, an infrastructure access problem or a railway-sector dispute, send a short description through our contact form. Please identify the authority or other party, the current stage and any pending deadline. We will confirm what documents are required for the initial assessment.