BRUSSELS, April 4, 2014 /PRNewswire/ --

Lawyers representing the Berlin based company K.u.K. Internationale Logistic, Handels und Beteiligungs Gmbh have initiated formal legal proceedings against Mr Kalecinski the District Prosecutor of Wroclaw and the local Tax office, suing for more than 10 billion euros in damages.

K.u.K.'s lawyers allege that Mr Kalecinski has failed to supply any legal warrants for the seizure of property owned by K.u.K., for the freezing of company bank accounts or seizure of company offices in Wroclaw following raids by the Prosecutor's office in November of last year. Prosecutor Kalecinski claims to have sent by letter details of the charges to K.u.K.'s lawyers, but so far nothing has been received despite requests to the Court requiring Mr Kalecinski to produce evidence of the documents being delivered by mail.

The Court has failed to instruct Prosecutor Kalecinski to produce these documents or evidence of delivering them to K.u.K.'s legal counsel. K.u.K.'s legal team have therefore set a deadline for Mr Kalecinski to provide full documentation justifying his actions by 16th April, and to return to the Company all corporate property and assets held by his office by that date.

In the meanwhile after more than 5 months, 6 innocent employees of K.u.K. are held on pre-trial bail without any formal charges having been filed. It appears that Prosecutor Kalecinski has alleged criminal misdemeanour on the part of these employees to the Court, whilst at the same time disputing the calculation of tax payments by K.u.K. due to the Polish Finance Ministry - which is an economic, and not a criminal matter. The German holding company has repeatedly offered to settle any tax payments outstanding from its Polish subsidiaries, but has still received no response to these offers from the Wroclaw tax authorities.

"This irresponsible, and unaccountable behaviour is something a company might have expected in the soviet era before Poland's democratic independence, but it is unacceptable in 21st century Poland," a K.u.K. spokesman said.

Apparently, this kind of treatment of companies in Poland is not isolated. In a recent book "The White Lake" written by John Borrell, the behaviour of Polish public prosecutors comes under scrutiny. The findings of his book suggest that there is significant room for reform in Poland. "Polish law allows for pre-trial detention of up to two years, longer in special circumstances and many public prosecutors use it as a means of extracting "confessions" or simply to punish people they lack evidence to prosecute in court. Bureaucrats, public prosecutors and judges are never held accountable for wrongly depriving people of their liberty. As a result more than 95% of requests by public prosecutors for pre-trial detention are approved by judges."

"This kind of behaviour is out of line with practice in the rest of Europe and it must change. Reform of these procedures is overdue, and we shall pursue change of policy at the highest level," the company spokesman for K.u.K. International said.

"K.u.K.'s lawyers will first exhaust due process through the Polish courts, and if necessary will apply to the courts in Germany for justice and remedies," he went on to say.

At stake is the continued operation of K.u.K. International's business in Poland, the employment of the company's staff, compensation of more than 10 billion euros and the principle of fair trial within a reasonable period of time for citizens who are held on suspicion of an offence, without any charges or evidence being submitted to the Court. This is a fundamental human right, which Poland is bound to respect under the terms of the European Charter of Fundamental Rights which Poland signed when it joined the EU 10 years ago.

This release is issued on behalf of K.u.K. International GmbH by Macmillan PR Limited.

 

SOURCE K.u.K. International GmbH

http://www.prnewswire.com/news-releases/wroclaw-scandal-poses-legal-threat-to-tusk-governments-eu-credentials-and-financials-253864801.html

 

Published in Articles

A formal legal challenge is being mounted against a state prosecutor in Poland in the case of a businessman who has had his business assets seized.

A spokesman for the company told the EBR website, “21st Century Poland has shaken off its Soviet past, but in some parts of the administration there remain some pockets of recidivism and behaviour more appropriate to homo sovieticus.

The Berlin registered company K.u.K. - E.F.I International GmbH is taking legal steps to recover German-owned properties that have been confiscated in Poland by the Wroclaw Prosecutor’s Office without any court decision or legal warrant. 

 

The properties include the assets of four non-resident commercial bank accounts registered in the name of the German company in Poland that were blocked in March 2013 and the deposits confiscated, allegedly without any legal grounds.

 

The list of confiscated assets also include three cars, registered in Berlin in Germany in the name of K.u.K. - E.F.I International GmbH, which were seized on 6 November in Poland by the Wroclaw Prosecutor’s Office. 

 

A German employee driving one of the company owned cars was detained for 36 hours although he was not charged, and the vehicle he was driving was confiscated without any explanation.

 

International lawyers representing K.u.K. - E.F.I International GmbH are claiming a breach of the bilateral Memorandum of Understanding on the protection of bilateral investment between Germany and Poland and a breach of Article 231 of the Polish Criminal Code by the Wroclaw Prosecutor’s Office.

 

On referral from the Polish Prosecutor General’s Office, between 2011 and 2013 K.u.K. - E.F.I International GmbH was the subject of a full and comprehensive investigation by the Berlin State Prosecutor.

 

The Berlin-based company says it fully co-operated with and assisted the German authorities with their inquiries, providing all of the documents and the information requested. 

 

Having examined these thoroughly after a three-year investigation, the Berlin Prosecutor’s Office ruled on 28 October 2013 that there was "no evidence" to substantiate the claims from the Polish authorities against K.u.K. - E.F.I International GmbH and the investigation was closed.

 

The seizures by the Wroclaw Prosecutor’s Office of the property belonging to K.u.K. - E.F.I International GmbH were made without reference to the German authorities and without any Polish or German court decisions or legal warrants.

 

The legality of these actions is now being challenged by the company’s international legal team in Berlin.

 

A spokesman for the company told the EBR website, “21st Century Poland has shaken off its Soviet past, but in some parts of the administration there remain some pockets of recidivism and behaviour more appropriate to homo sovieticus. 

 

“Poland is a key member of the European Union, and a supporter of European values and European law. Our company is an international European business that respects the highest standards of EU governance and we cannot tolerate this kind of treatment.

 

"We believe our assets have been taken away without due legal process or authority. 

 

"We will defend our corporate rights and seek to recover them through the correct legal channels, in accordance with European law.”

 

Concern was also recently voiced about employees of the company who were detained and held without charge in the raids just before Christmas.

 

It has been alleged that Piotr Kalecinski, the state prosecutor in Wroclaw may be in breach of the EU´s Charter of Fundamental Rights. 

 

The issue has been raised with the European Parliament and the charity, Amnesty International.

By Martin Banks

 

 

http://www.europeanbusinessreview.eu/page.asp?pid=1152

 

Published in Articles

BRUSSELS, January 20, 2014 /PRNewswire/ --

 

The Berlin registered company K.u.K. - E.F.I International GmbH is taking legal steps to recover German owned properties that have been confiscated in Poland by the Wroclaw Prosecutor's Office without any court decision or legal warrant.

The properties include the assets of 4 non-resident commercial bank accounts registered in the name of the German company in Poland that were blocked in March 2013 and the deposits confiscated, without any grounds.

The list of confiscated assets also include three cars, registered in Berlin in Germany in the name of K.u.K. - E.F.I International GmbH, which were seized on 6th November in Poland by the Wroclaw Prosecutor's Office. A German employee driving one of the company owned cars was detained for 36 hours although he was not charged, and the vehicle he was driving was confiscated without any explanation.

International lawyers representing K.u.K. - E.F.I International GmbH are claiming a breach of the bilateral Memorandum of Understanding on the protection of bilateral investment between Germany and Poland and a breach of Article 231 of the Polish Criminal Code by the Wroclaw Prosecutor's Office.

On referral from the Polish Prosecutor General's Office, between 2011 and 2013 K.u.K. - E.F.I International GmbH was the subject of a full and comprehensive investigation by the Berlin State Prosecutor during which the company in Berlin fully co-operated with and assisted the German authorities with their research, providing all of the documents and the information requested.

Having examined these thoroughly after an investigation of 3 years, the Berlin Prosecutor's Office ruled on 28th October 2013 that there was no evidence to substantiate the claims from the Polish authorities against K.u.K. - E.F.I International GmbH, Zdiszlaw, Halina and Anna Kmetko and that the investigation was closed.

The seizures by the Wroclaw Prosecutor's Office of the property belonging to K.u.K. - E.F.I International GmbH have been made without reference to the German authorities, without any Polish or German court decisions or legal warrants, and the legality of these actions is now being challenged by the Company's international legal team in Berlin.

"21st Century Poland has shaken off its soviet past, but in some parts of the administration there remain some pockets of recidivism and behaviour more appropriate to homo sovieticus," a spokesman for the company said. "Poland is a key member of the European Union, and a supporter of European values and European law. Our company is an international European business that respects the highest standards of EU governance and we cannot tolerate this kind of treatment. We believe our assets have been taken away without due legal process or authority. We will defend our corporate rights and seek to recover them through the correct legal channels, in accordance with European law."

For more information see http://www.kmetkostory.org    

Issued for K.u.K. - E.F.I International GmbH by Macmillan PR Ltd.

SOURCE K.u.K. - E.F.I International GmbH

http://www.prnewswire.com/news-releases/polish-confiscation-of-german-corporate-assets-triggers-legal-challenge-241118421.html

 

Published in Articles

BRUSSELS, December 23, 2013 /PRNewswire/ --

The German-based business K.u.K International has expressed concern at the failure of the Polish authorities to reply to the firm's offer to begin payments of the claims by the Polish social insurance organisation, ZUS, that they are owed 62 million zlotys by the company's Polish subsidiary.

K.u.K International is one of Europe's most dynamic employment and out-sourcing firms which employs 7 000 people in Wroclaw and other Polish cities and helps more than 150 Polish firms with their human resources management.

A spokesman for K.u.K. International in Berlin, where the firm has its headquarters, said "We wrote to the Polish government on 21 November and made clear that K.u.K International is in full compliance with German tax law, and seeks to meet any obligations that its Polish subsidiary companies may have inadvertently incurred, and repay any monies legally owed to the Polish State. 

"The letter proposed to begin immediate discussions concerning claims for payment of 62 million zlotys. Under Polish law, the government is required to reply to any letter from a Polish citizen within 30 days and this deadline expired on 21 December.  

"We are puzzled at the apparent indifference of the Polish government to an offer to be paid 62 million zlotys and we hope that before Christmas someone somewhere in the Polish state apparatus contacts us so we can begin making arrangements for paying any outstanding monies," the K.u.K spokesperson added.

However, rather than respond to the offer of the German company, the Wroclaw authorities continue to detain in prison, without charge, innocent managers of the Polish subsidiaries - including women with dependent children - and to disrupt the salary payments of 7 000 workers and their families at the year end when they should normally be preparing to celebrate the New Year.

An international human rights expert has suggested that the Wroclaw authorities' actions may be in breach of Poland's obligations under the European Treaties to protect the fundamental rights of citizens.

For more information see http://www.kmetkostory.org    

Issued for K.u.K. International Limited by Macmillan PR

http://www.prnewswire.com/news-releases/businessman-puzzled-at-polish-governments-lack-of-response-to-proposed-payment-of-62-million-zlotys-237014231.html

 

Published in Articles