Commentary by attorney Krzysztof Brysiewicz for Prawo.pl
9 July 2025 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy
According to Prawo.pl, the Polish Development Fund has issued the first decisions on the return of financial subsidies. However, companies reached by the portal say they will not return the support because it was the Fund that misled them. “One should not be afraid of the court route, because entrepreneurs do not stand in a lost position”. – said attorney Krzysztof Brysiewicz, managing partner of BBS Law Firm, in an interview with editor Joanna Ojczyk.
In civil lawsuits, even a statement that an entrepreneur did not meet the conditions for receiving aid does not automatically prejudge that he or she will have to return the funds. Here, the subject of the courts' findings is the extent to which the documentation prepared by the institution was clear and transparent - any ambiguities are usually interpreted in favour of the entrepreneurs. In addition, the beneficiaries may also effectively raise a charge of abuse of subjective right by PFR - said r.pr, state aid expert Krzysztof Brysiewicz
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