A new approach to the Dutch Polish Trade Award A new approach

Transcription

A new approach to the Dutch Polish Trade Award A new approach
The Netherlands-Polish
Chamber of Commerce
No.
27 Spring 2009
A new approach to
the Dutch Polish Trade Award
Leo Beenhakker
An exposé about Polish football
Huub Droogh
Continuing the tradition of Dutch architects in Poland
We recruit the best
employees for you!
We are really proud
on winning these prizes
and will go on working
for two!!!
OTTO - as one of the biggest work agencies in Poland develops
dynamically and wins prizes confirming the quality of
services.
In the last month we won two prestigious prizes
for the high level of the offered services:
• European Medal for services (Business Center Club)
• Our Good Opolskie (from the regional Press)
OTTO - for 10 years we have worked in Holland, Poland, Czech
Republic and Slovakia and delivered a service to our clients,
which solves their recruitment’s needs.
OTTO - has currently 7 offices (in Warsaw, Poznań, Opole, Gliwice,
Krakow, Gdańsk, Wrocław) - which allow us to provide
services all over Poland.
OTTO - is a reliable partner in all sectors. We specialize in retail,
production and logistics.
Currently we provide
2.500 temporary workers
every month.
OTTO - recruits and selects highly qualified personal.
We offer effective HR solutions for companies regardless
of the size of the company. The services we offer include
temporary staffing, payrolling, HR advise, Recruitment and
Selection, headhunting and outplacement.
OTTO - is a member of the Business Centre Club.
THE BEST WORK WITH OTTO
We invite you to cooperate with us!
OTTO Polska
| Opole, pl. Kopernika 13 | tel. 077/407 94 72 | www.ottopraca.pl
Bulletin Spring 2009
4
Word of the Chairman
5
Chamber events
6
Dutch Polish Trade Award
A new challenge
10 Chamber events
What has the Chamber recently
been up to?
14 Bankruptcy, how does
that work in Poland?
17 Column of Remko van
der Kroft
18 21 22 Career tracker
HR Announcements
Dutch Polish Trade Award
Another chance to get into the spotlight
Short news
News from our members
Embassy news
Heroes and Villains revisited
24 Huub Droogh
Quality in demand in the market
of urban planning
28 Column of Remy Vermunt
6
10
Breakfast meeting with Beenhakker. What has
entrepreneurship to do with football?
29 What is the role of the CFO,
in a downturn?
24
Huub Droogh: ”Local government have the same concerns
as I do about the speed of urban developments in Poland.”
issue 27
Bulletin
3
Netherlands - Polish
Chamber of Commerce
Dear Members and Friends of the Chamber,
We have just left Easter behind us and we are looking forward to a nice spring and summer.
We also look forward to some positive news about the economic downturn. I hope that a
lot of indices hit the bottom and that we are soon facing the way upward again. During a
meeting in The Hague, I saw a presentation of an international transport company. In this
presentation, it became clear that international transport, starting with sea transport, is very
carefully recovering now that most of the stocks have been used and companies have to
import new materials again. It is only a small sign but the transport section seems to walk
ahead of the cycles.
The Chamber is also active in a positive way, trying to support you in your business and
sharing knowledge between members and other experts. We look back on a successful
meeting with Minister Boni, where we were able to ask questions (and got answers) on
behalf of our members. Minister Boni and the International Chambers agreed that they will
meet more often to exchange ideas but also for Mr. Boni to listen to worries and positive
elements of doing business in Poland. He will discuss this with the right person in the
government, especially Prime Minister Tusk.
On another note, we had a very nice breakfast meeting with Leo Beenhakker. Many
members were interested in the famous quotes from Leo and they were not disappointed.
We also had a meeting for our members interested in new VAT legislation and a wellattended meeting where members learned more about Risk Management... an aspect of
business that is very significant nowadays.
Ahead of us, we have the Dutch Polish Trade Award, a prestigious award of which the prize
giving will be on October 27th at the Nyenrode University in Breukelen. The Chamber is also
participating in the traditional Dutch Queensday celebration for adults and children Dutch
and Polish, which will be held in the centre of Warsaw, with Old Dutch plays, Dutch food,
and sweets.
Besides the articles on subjects I have mentioned before, in this Bulletin we will pay
attention to recommendations for CFO’s on how to cope with the downturn in the economy.
We have the column of Remco van der Kroft and PwC, which informs us on how to deal with
companies that are in financial problems.
On 12 May, we have our annual meeting of the Chamber, where one important item on the
agenda is the election of new members to the Board. We hope to see many of our members
participating in this meeting as well as in the voting in order to see their candidate on the
Board. And as a member, you can be a candidate yourself, but you must make sure you
apply in time.
I hope you will enjoy the spring and enjoy reading this new issue of the Bulletin.
Kind regards,
Fred Hoogerbrug
Bulletin is a magazine that is published by the Netherlands –
Polish Chamber of Commerce and aims to provide a selection
of important and relevant information on bilateral business
relations and activities between the Netherlands and Poland.
Please email any of you comments and helpful information to
[email protected].
4
issue 27
Bulletin
Managing editor: Elro van den Burg
Concept Oorsprong Media. the Netherlands - Polish and production: Chamber of Commerce
Columnist: Remco van der Kroft
Remy Vermunt
Photo’s: Elro van den Burg
Jacek Krzysztof Wisniewski
Eric Fecken
Nederlands Pools Centrum voor Handelsbevordering
Chamber
agenda
The activities of the Netherlands –
Polish Chamber of Commerce
April 27th
May 5th
May 12th
May 17th
Job Market
Location: Hotel Hilton Grzybowska 63 Warsaw 14.00 – 17.00
Organised by the Chamber
May 20th
Seminar Dehora on workforce
management
June 2nd
Dutch Business drink
June
Seminar on currency risks
Location: Suwak 3 in Warsaw 15.00 – 17.00
The seminar offers solutions for increasing efficiency by optimising the match between workforce and workload
Location: Hotel Hilton Grzybowska 63
Warsaw 18.30 – 20.30
Sponsored by Eureko
This seminar will be organized organised by Deloitte. More information will be provided on www.nlchamber.com.pl
Due to the many social events that have already been organised around this date, the Chamber decided to cancel the business drink in May
June 20th
Picnic
Annual picnic for chamber members. More information will be provided on
www.nlchamber.com.pl
Annual members meeting
July and august
No Dutch business drinks
Queensday – Dutch street festival
September 1st
Dutch business drink
Cancelled - Dutch Business drink - cancelled
Location: The Embassy of the Kingdom
of the Netherlands, ul Kawalerii 10 in
Warsaw 16.00 – 18.00
Location: Kubusia Puchatka Street in Warsaw
Organised by Robinson Consulting
and co-organised by the Chamber. More
information can be found on page 12 or at the website www.oholender.pl
In July and August due to the holidays,
the Chamber does not organise Dutch Business drinks
Location: Hotel Hilton Grzybowska 63
Warsaw 18.30 - 20.30
If you are interested in sponsoring this event then please contact us.
Season starts for entrepreneurial
winners and heroes
Dutch and Polish companies are invited to show their best sides at the 5th edition of the Dutch Polish
Trade Awards.
From left to right: Otto van Veen (Program director of the Nyenrode Executive Development Centre), Pierre van Hedel (Chairman of the Netherlands Polish centre for trade and entrepreneurship) and Fred Hoogerbrug (chairman of the Netherlands - Polish chamber of commerce)
Since the Dutch Polish Trade Award (DPTA) is being organised for the fifth
The organisers expect that the partnership with the University will bring in more
time, you can almost call it a tradition. But that doesn’t mean that the event
candidates from a broad variety of branches. ”I hope that with the help of Nyenrode
is dozing of. This years’ edition promises to take a
we can attract companies and entrepreneurs that
more challenging and different approach. One of
are not only direct active in the SME business or in
the new elements is the sponsorship of Nyenrode
physical trade, but from all kinds of sectors, and I hope
University. This new business partner to the Dutch
that we will see some Polish companies attending
Polish Trade Award has committed itself to turn this
as well”, says Pierre van Hedel, Chairman of the
year’s trade award into a competitive event. Fred
Netherlands – Polish Centre for Trade Promotion and
Hoogerbrug, Chairman of the Netherlands - Polish
Entrepreneurship.
Chamber of Commerce: “Nyenrode is an interesting
business partner for the DPTA and I am very happy
Another new element in the DPTA of this year is the
that we are cooperating with them this year. Not
possibility of audits that will be done by students
Fred Hoogerbrug,
only have they offered to host the prize giving at the
of the Nyenrode University. They will be visiting a
Chairman of the
Nyenrode University, which is an excellent location,
selection of the qualified companies in order to
Netherlands - Polish
but they also have committed themselves to an active
conduct an analysis into their business activities.
Chamber of Commerce.
involvement in the organisation of the trade award.”
Fred Hoogerbrug: Even if you do not win the prize
“Even if you don’t
win, you will gain
some valuable insight
about the way your
company operates.”
6
issue 27
Bulletin
this year, you will gain some valuable advice about your company and the way
you operate.”
The Dutch Polish Trade Award has been established since 2005 to bring the
success of Dutch entrepreneurs in Poland in the spotlight. Those successful
entrepreneurs should set a good example for businessmen that are considering
establishing a company in Poland.
Over the years, the way the Dutch and the Poles are trading has been
changed, and also the type of companies that established themselves here
has developed. Beside the SME and agri businesses, there are now also many
companies active in the service sector. Since Poland officially entered the
European Union, many small Polish companies have become established in
the Netherlands. That is why the organisers want with this trade award open
also for Polish companies doing
business in the Netherlands. “By
attracting entrepreneurs from
both countries, we want to build
a stronger network between
companies and we hope that in this
way we can learn even more from
each other”, says Fred Hoogerbrug.
“We would like to
attract a broad range
of companies, not
only from the SME
business or the trade”
Pierre van Hedel, Chairman
of the Netherlands
– Polish Centre for
Trade Promotion and
Entrepreneurship(NPCH).
Downturn
Van Hedel doesn’t think that
companies under the current
downturn aren’t interested and
much too busy with their work.
“Companies are currently under
restraint, because we are in a
food crisis, an energy crisis, and
a financial crisis. But I think that a
crisis can be a very good time for companies to come up with new ways of doing
business. It is especially these type of entrepreneurs that I would like to invite
because they can be an example for us and we can learn from them.”
Winning the prize
The winner is offered a ’seat’ in the Nyenrode Entrepreneurial Leadership
Program Poland. But most of the participants are more interested in the
networking opportunities when winning a DPTA award. Pierre van Hedel:
“I know from past winners that they were much more interested in the platform
that we offer them, where they can explain who they are, what their plans
are and to show their capabilities to an audience of highly professional
businessmen.” The
prize giving is generally
attended by around
300 people. Among the
attendees, you will find
ministers, ambassadors.
Pierre van Hedel also
plans to organise a diner
for the top five candidates
this year together with
a few highly placed
businesspeople. “This
should be an meeting that
we like to offer to the best
companies. In this way we
can offer the companies
something more and also
the possibility to do some
networking.”
Otto van Veen:
“By being the main
sponsor, we want to
reposition the trade
award this year”
Why did Nyenrode decide to sponsor the Dutch Polish Trade Award 2009?
“Nyenrode is expanding its activities in Poland. We have had a successful
introduction of the first Entrepreneurial Leadership Program. This year we will
strengthen our cooperation with Kozminski University, the number one business
school in Poland. For us the Dutch Polish Trade Award is a unique opportunity
to profile ourselves with these activities in Poland. It is a signal to the market
that when it comes to Poland you have to go to Nyenrode. Besides that, 2009 is
the European Year of Creativity & Innovation. With the ‘crisis’ of this moment we
see many challenges to connect all this with the DPTA.”
Nyenrode University wants to help the organisation to take a completely
different approach…
“When I joined the activities surrounding the trade award last year, I thought
there was room for improvement. On one hand, you have a first rate audience
of top businesspeople that attend the prize giving event. On the other hand,
in my opinion there was a need for an extra assessment of the qualifying
companies. In this we as the Nyenrode University are specialized and with that
we are going to help to bring the DPTA to a broader level.”
What companies can participate in this year DPTA?
“I think that it is important that beside the Polish-Dutch companies, to also let
in the companies that are connected to the Netherlands, but are Polish from
origin. We also would like the award to be accessible for larger companies,
consultancy firms, banks, retail and production companies, like Philips
or Unilever. I think that in every company creativity can be found, in every
company people are busy with ideas. But very often their ideas are killed in
formal procedures. That is why large companies have difficulties to change like
elephants who can’t dance.”
What are the conditions for a company to join the DPTA?
“I think for candidates that want to qualify for the first prize, it is important that
they can show active involvement in renewal and change within the company
I am not talking about innovation and creativity in the production only but
also on a managerial level. Entrepreneurs can come up with marketing cases
or environmental issues. This can be a HRM issue that you solved on the
work floor, or a problem that you tackled with the aging workforce, that is an
enormous issue here in Poland. We also like to invite companies that have been
gone through a change due to the economic crisis. Most often you see that
innovation and renewal is caused by a sense of urgency, like a crisis.”
What will be the reward for the companies that join this year’s DPTA?
“I want to emphasize that all attendees will benefit from the prize. Companies
that qualify will have the opportunity to participate in the Situational Outlook
Questionnaire, which measures the climate for creativity and innovation. The
companies also will be visited by students of Nyenrode, who will provide a
mini audit. So the advantage for the applying companies is enormously. They
will get great feedback about their company. As the main sponsor, we will offer
the winner a position for free in the European Leadership Program Poland.
Apart from that, I would like to keep the attendees of this year together as an
exclusive group that can regularly meet. I would like to organise some sort of
alliance between them in order for them to learn from each other even after the
end of the DPTA. I also like the idea of Pierre van Hedel very much, to organize
a special dinner for the finalists.”
issue 27
Bulletin
7
Advertisement
Who will win the Dutch-Polish
Trade Award 2009?
2009 is the European Year of Creativity & Innovation. Therefore the Dutch Polish Trade Award has this year a special focus
on creativity and innovation within Dutch and Polish companies who are involved in economic relations between Poland
and The Netherlands.
On 27 October 2009 the Dutch Polish Trade Award will be awarded for the fifth time. The DPTA is a joint initiative
of the Netherlands Polish Council for Trade Promotion (NPCH) and the Netherlands Polish Chamber of Commerce
in Warsaw. The DPTA 2009 will carry the signature of Nyenrode Business Universiteit, who is the main organizer
and host of the event. The program will include a seminar about the creative climate in organizations, a discussion
between entrepreneurs with experience in doing business in Poland and a presentation of the nominated companies.
One of the key note speakers will be Dr. Scott Isaksen, CEO and founder of the Creative Problem Solving group.
Who can win the Award?
A highly qualified jury chaired by Mr. Rutger Schellens, member of the Managing Board of Rabobank International, will
select a company that has proven to be successful in using creativity and implementing innovation in business or company
development. Both Dutch companies that are active in Poland and Polish companies that are active in The Netherlands can
put forward their candidacy. The competition is open to small, medium sized or large international companies. Companies
who want to compete for the award are requested to participate in the Situational Outlook Questionnaire which is part of the
very serious but interesting selection procedure which delivers a lot of valuable feed-back.
Does your company wish to compete for the Dutch Polish Trade Award in 2009?
Please visit our website for more information about the nomination procedure: www.handelsbevordering.nl
" actueel " Dutch Polish Trade Award. Or contact Lydia Aalpoel from NPCH: +31 (0)70-3441588 / [email protected].
Trade Award Winners
2005: Raben Group
2006: Goossens Flevopland
At the ING House in Amsterdam, the first winner of the DPTA president
Ewald Raben from the Raben Group receives the prize from Chairman
Van den Brink of the jury. According to Van den Brink, the Raben Group
is all over Poland. “Wherever you are in Poland, every half hour you will
see a Raben truck passing by.”
At the Rabobank head office in Utrecht, Goossens Flevoplant receives
the DPTA from the Polish ambassador in the Netherlands, Jan
Michałowski. “Prefer quality above quantity” and “Start with a small
company” is the advice the company offers for starters on the Polish
market.
2007: Addit
2008: Cobouw and Nijhof
In the presence of State Secretary Economic Affairs Karien van Gennip
and her Polish counterpart Pawel Poncyliusz, president J. Veltmans
received the DPTA from Artur Habant, Chargé d’Affaires of the Polish
embassy in the Netherlands. The prize giving took place at the head
office of Centraal Beheer Achmea, a Eureko company.
At the KPMG head office in Amstelveen, two winners received
the Dutch Polish Trade Award 2008: Cobouw, specialised in the
construction of industrial steel buildings and Nijhoff Wassink, already
more than eighteen years on the Polish market. Nijhof Wassink is a
logistics provider and holds a dealership of Volvo in Poland.
Wassink
2009: Your company ?
Advertisement
Our world class services include:
•
•
•
•
•
accounting, tax advisory, audit
company formation and registered
address
management analyses and reporting
restructuring and dissolutions
fiduciary and secretarial services
We Care!
SOL Financial Services
Polska Sp. z o.o.
E-mail: [email protected]
www.sfs-polska.com
Chamber
events
Beenhakker meets with the Chambers’ members
Football and business have a lot in common. CEO’s and business managers know a thing or two
about training sessions and the problems of how to get all your players on the office floor in the right
direction. Therefore, it shouldn’t be a surprise to see that the business breakfast with Leo Beenhakker
was a huge success.
During the breakfast meeting nothing more was needed than a
cup of coffee and a sandwich to get Leo Beenhakker’s engine
started and to talk about the challenges in today’s football. The
Dutch coach of the national team in Poland was fired up by one of
the first questions from the audience who compared the current
football in Poland with the huge successes in Polish football from
the past.
Beenhakker: “I think that Polish football in general has three big
problems. When I talk with the responsible people within the PZPN
to try to organise better conditions for the polish youth and Polish
players, they start to talk to me about the successes in ’74 and
in ’82. For me, since that time, the world has changed and also
football has changed. What I have learned is that people who are
always talking about the past have nothing to say about the future.
And that is what they don’t realize. Here in Poland, many people
Eric van Vliet, managing
take a step back to show you how good they were. I am not
director of Athlon Car Lease
denying that they weren’t good. They were, but if you see football
Poland, Leo Beenhakker
now and you compare it in time, than everybody can see that it is a
and the ambassador of the
totally different sport. So there is the first problem.”
Netherlands, Marnix Krop.
“Secondly, there is the problem of developing talent. I travel a
lot through the country and I visit a lot of matches. When I go
the way it was. They don’t want change, and they don’t want
there, I see a lot of players and a lot of talent. In Poland, there is
to bring in the young generation. That really is a pity, because I
no less talent than in a country like for instance the Netherlands
can tell you that there are brilliant young players in Poland, and
or France. But what we are missing here are
they are very well conditioned. The current
the conditions to work with this talent, to use
officials in Polish football want to keep what
“What I have learned they have as it gives them a certain security
this talent and to develop it. Take a look at the
conditions in which these players have to train.
and a certain power. It’s all about power.
is that people who
My idea of training is not that you go, exercise,
Because that was how the old system worked:
are always talking
and sweat a little bit and after that you take
Who is in charge? Who has the power? This
about the past have
a shower. No, the idea of training is that after
means that every time when you bring in your
a certain time you have become a better
nothing to say about theories, nothing new, but all according to
player. And if the conditions aren’t there, it is
the standards of today’s standards, then you
the future.”
impossible to make the players better.”
are hitting a wall. I think in football this nation
“If you look at football now and you see a club
has such great possibilities but they don’t
like Manchester United or Inter Milan, you have an example of a
do anything with it. I always get very sad when I see that people
good football team. It is not so difficult to translate this to your
have a certain talent for something and they don’t use that
own level and from there you can start improving yourself. But you
talent or the society around them is not helping them to create
need the conditions and you need to realize that this discipline is
conditions to develop their talent.”
totally different from ‘74 and ‘82. If you want to look at the past, I
say to you buy a nice book, put it on your table, and dwell in your
Next question please
memories of the past. But don’t come to me about the matches of
This strong exposé about the current situation in Polish football
these time because that is all history, it is gone.”
certainly stirred the crowd and fuelled even more people to ask
“But there is more”, Beenhakker continues. “At the moment
questions. Many hands are raised and one of the attendees asks
when you talk about changes and when you talk about better
Leo Beenhakker about his future in Poland as the national trainer.
infrastructure; if you want to change the way of thinking, you
Beenhakker puts a sombre look on his face, turns to the bar,
are hitting a wall. In Polish football, still the older generation is
and shouts: “Can somebody bring me something more stronger
in charge. I have respect for what they did in their time, but the
than coffee?” But then he turns to the audience more seriously to
representatives of that generation want to keep everything like
answer the question.
10
issue 27
Bulletin
“I have met some serious resistance here in Poland but the problem
is that the public opinion is totally on my side and on the side of
modern football. People on the street and football fans are not
stupid. They see what is going on and they see when you make
some steps ahead in your organisation in the way of managing a
team. They see that at least there is a possibility to do it better, or to
make contact with the top ten in Europe. Because once again the
talent is there, the players in Poland are great. So there is a struggle.
And I still say this with respect to all of the parties. On the one hand,
there is an enormous pressure on me not to make changes, but on
the other hand, there are the 80 or 90 percent of the football fans
that say ‘keep your hands off Beenhakker, because at least he is
setting something in motion.’ But I must agree that this pressure
makes it not a very funny job to do.”
Leo Beenhakker:
„Don’t come to me about
the matches of the
past, because that is all
history, it is gone.”
Among the audience, there were also many people who know
Beenhakker from his past as the coach of
the age of 21 or 22, but at the age of 25 or
clubs like Feyenoord. Michael Chelmowski
26. But sometimes there are advisers around
asks when Beenhakker expects the football
“Polish football fans
a player with dollar signs in their eyes or the
club Feyenoord to win the national league
players themselves have that, and then they
are not stupid. They
again? Beenhakker begins with a description of
to do differently. The result is that after
see what is going on decide
the current trainer of Feyenoord, Mario Been.
half a year, the player is calling and he says
Beenhakker: “I have known Mario Been since
and when you make
that he is losing his place in the national team.
he was twelve years old. He was an amazing
some steps ahead in He doesn‘t play in his club in Italy either. And
footballer at that time, but he was too relaxed
then suddenly his career is over. We saw
your organisation in
in his mind to be an absolute top player.
this happening to Matusiak and that is a pity
When I knew he would be the new coach of
the way of managing because he was a great player. He played very
Feyenoord, I made an emotional decision
well in the national team even without having
a team.”
and I decided that I wanted to help him. The
any experience. But sometimes shit happens,
origin of my love for Feyenoord goes back a
you can do nothing against it.”
long time. I grew up in the shadow of the stadium and I worked
there three times. Feyenoord is inside of me, it is something that
is in my blood. When you look at Feyenoord over its past history
you see that they made a lot of mistakes. You can easily say that
“I admire beenhakker for his
we are now in the period of crisis management. I can tell you that
perseverance”
this is a real challenge. I promised Mario Been that he will win the
national league and celebrate this at the Coolsingel in Rotterdam
Michael Chelmowski, managing
with Feyenoord in 2011. I will probably arrive there in a wheelchair,
director of QNH Poland, one of
because by then I will be 69, but I will be there with him.”
the attendees of the breakfast
Support the young talent
with Beenhakker:
The final question to Leo is about the support that Beenhakker
“Besides from the possibility to
gives to the young talent to develop their career abroad. Do they
get to learn a lot of new business
often come to Beenhakker for advice? “Some of the players do
contacts at the Chambers’
come to me, but I will never be involved in the future of their career
breakfast meeting, for managers
unless they ask me to. The good thing of this is that I always try
like me it is a learn full experience
to create an atmosphere where players feel safe. That there is a
to be present here and to hear
confidential atmosphere from both sides. And as a result, when
about the coaching work of Beenhakker in Poland. Last year
players trust you they sometimes ask you for your advice.”
I joined a conference with trainer Bert Goedkoop the former
Beenhakker brings up the example of Radek Matusiak who also
coach of the national volleyball team. Goedkoop, the same as
played for the football club Heerenveen. Two years ago, in spite
Beenhakker, has a strong drive and a lot of knowledge about
of the advice of Beenhakker, Matusiak went to play in Italy, which
how to turn a company or a team around. What Leo has done
ended up ruining Matusiak’s career. Beenhakker: “We know that
with the national team in Poland is actually the same as you
it wasn’t the best idea for Matusiak to go to Italy. When a player
do in a large company that is in trouble. You have to change
is in the beginning of his twenties, it is always a matter of choice.
Or you go for quality in your football career and the development
the mentality of the people. I really admire Beenhakker for his
in the long term. Then there still is a possibility to go to Dubai or
perseverance and the fact that he made the players believe
so when you are 29 to make the big money. And eventually when
again that it is possible to win with this team.”
a player is good enough, he will make the big money, but not at
issue 27
Bulletin
11
Dutch Queensday in the centre of Warsaw
The famous Dutch actor in Poland, Redbad Klijnstra is organising a street festival in the centre of Warsaw, based
on the Dutch tradition of Queensday. This national holiday in the Netherlands is a day of togetherness and unity,
where the Dutch celebrate the birthday of the Dutch Queen.
The street festival in Warsaw is organised on May 17th and it is held in the Kubusia Puchatka Street. The street will be
fenced off to give room for typical Dutch children’s games, individual musical performances and the performance of
Dutch movies. Children are asked to join the free market, which offers them a free marketplace in the Kubusia Puchatka
Street where they can sell their own items. Klijnstra: “Queensday in the Netherlands is a unique moment of culture
exchange with the young people. This is where the children are raised with the famous Dutch commercial instinct. It all
starts at the free market and on the free stage where you can to use and develop your own talents to earn some money.”
The street festival is supported by several Dutch organisations in Poland, like the Dutch community Poolshoogte and the Dutch - Polish Chamber of
Commerce. Klijnstra is inviting Dutch companies to take the opportunity to join the street festival and to promote their products. More information can be
found on www.oholender.pl
Business breakfast: Half of the employers expect
that salaries will not grow
On 17th Feb about 30 members of the chamber attended the business breakfast
concerning the labour market, organised by the staffing agency Randstad and the
law firm Domański Zakrzewski Palinka. The attendees were informed about recent
developments in the labour market and the employment laws in Poland.
According to Randstad in the current state of economy, it is more difficult than ever to
make any predictions about the labour market. However, it is clear to see that about
10 – 15 percent of the Poles working abroad are coming back. Furthermore, the staffing
agency predicted the unemployment to reach a peak this year of 12 or 13 percent.
According to a study by Randstad and TNS OBOP Researches that was done in November last year, 50 percent of the employers expect that the salaries
will stay at the current level and 42% of them think that the salaries will increase. According to the same study, the biggest challenges that are most often
mentioned by employers are the lack of qualified employees, the instability of the zloty and the lack of motivation from employees to work.
A look ahead to the job market of 2009
The job market that
is held for the sixth
time this year, is a
regular event that is
attended by many
of the Dutch and
Flemish companies
in Poland. For director
Małgorzata Szydłowska
of the Netherlands
– Polish Chamber of
Commerce, it is easy
to explain why: “Over
the past years, many
companies and jobseekers have found a match due to the job market. This news has spread around
and therefore every year more and more people are attending the event.”
As the number of Dutch companies in Poland is growing, so is the need for Polish staff, capable
of speaking the Dutch and Flemish language. But is the job market able to make the match,
since many students from all over the country are joining in? Szydłowska: “There is a huge
demand for Dutch speakers all over Poland. For instance last year only two companies from
Warsaw were attending the job market.”
Szydłowska also noted another trend on the job market. More and more jobseekers with a Dutch
background are attending the market. “Every year we see an increasing amount of candidates from
the Netherlands, who are planning to establish themselves in Poland. These are Dutchmen who
don’t yet speak Polish very well, but have a wife or a girlfriend in Poland and are looking for a job.”
According to Szydłowska, these candidates account for twenty-five percent of the candidates.
This year’s job market is organised by the Netherlands-Polish Chamber of Commerce and the
Belgian Business Chamber, in co-operation with the Netherlands Embassy and the Office of the
Flemish Economic & Commercial Attaché at the Embassy of Belgium. The job market takes place
at April the 27th between 14.00 and 17.00 at the Hilton hotel in Warsaw.
12
issue 27
Bulletin
A job market success:
Agnieszka Murawska
At the reception desk of the Embassy of the Netherlands in
Warsaw, it is rush hour almost eight hours a day. But Agnieszka
Murawska is keeping her cool and handles even the most
urgent calls in calm and fluent Dutch, Polish, or English.
For Agnieszka, visiting the job market two years ago meant
a major change in her professional life. Two years ago,
she was seeking to gain more practical experience in her
study of the Dutch language at the Warsaw University. She
succeeded in that after she had visited the stand of Randstad
where she left her C.V. After a while, she was offered a job
at the reception desk of the Embassy. Murawska is finishing
her studies and gaining practical experience in the Dutch
language at the same time.
She advises all students to
go to the job market for Dutch
and Flemish speakers. “For
me going to the job market
gave me a good orientation
about the possibilities I have
with my Dutch language. So I
think that even if you don’t get
Agnieszka Murawska
a job out of it, going to the job
at the reception desk
market can be a good learning
at the Embassy of the
experience.”
Netherlands in Warsaw.
Bob Kruijsse’s
risk management seminar
A seminar from Bob Kruijsse attracted a wide
audience that was interested in the topic of risk
management. In his seminar that was held in
January, Kruijsse advocated the importance of risk
management in a company, and to put this on the
companies’ agenda at a high level. Without doing
that, companies are paying too much for insurance
or there is a chance that many potential risks are not
covered.
During the seminar, Bob Kruijsse warned that if the
risks within a company are not managed well, there
could be a high incidence of claims, which leads to
high premiums and therefore reduced profitability
and possibly uninsurability. Besides, from the
insurable risks, there are also many losses that are
not covered, and can never be covered by insurance,
like major business disruptions that come with a loss.
Kruijsse taught the attendees the value of an effective
risk management program, which continually seeks
to identify, assess, and control areas of risk exposure.
According to Kruijsse, the scale of savings to be
gained from effective risk management should not
be underestimated and is certainly not restricted to
the direct or visible costs such as compensation
payment and equipment replacement. Kruijsse also
showed that for every euro of insured loss, between
8 to 36 Euros’ of invisible loss is also incurred. Under
the current downturn, companies might be tempted
to cut their insurance costs. Kruijsse warned to do
this without the accompaniment of a risk manager.
“You might risk having to pay for high damages
yourself.”
Advertisement
When it comes to bankruptcy,
it pays to be an insider
Poland has long been a country with a relatively low amount of bankruptcies. However, that period
has now ended. Bulletin talks to Janusz Sekowski and Robert Nowak of PricewaterhouseCoopers’
business restructuring group.
“The first critical point is to
talk to each other and gain an
understanding of the situation
and be prepared for open
and honest dialogue.” Janusz
Sekowski, director of the
business restructuring group of
PricewaterhouseCoopers
Who can file a bankruptcy in
Poland?
Janusz Sekowski,
director of the business
restructuring group of
PricewaterhouseCoopers: “A
bankruptcy can be filed by
the debtor itself, or by any of
the creditors or the lenders
to the company. There are
obligations that are stipulated
by Polish insolvency law
when the management of a
debtor is obliged to file for
a bankruptcy. This occurs
when the amount of liabilities
exceeds the companies’
assets. The company should
also consider filing if it can
not serve its’ significant part
of liabilities as they fall due.”
What types of bankruptcies
are possible?
Janusz Sekowski: “There are three types of proceedings that
are stipulated under Polish Insolvency Law. The first one is
liquidation bankruptcy, where the debtor is simply asking the
court for admitting the bankruptcy and where the assets are sold
by a trustee. The second type is bankruptcy with a possibility of
composition. In this case, the management still runs the business;
however, they ask the creditors to agree to a certain type of
financial restructuring. Usually, it is the management who proposes
such a solution, and creditors are asked to vote on it. The third is
a rehabilitation procedure, which is aimed at companies who are
in trouble and who foresee to become insolvent in the near future
if no corrective actions are taken. This type of proceedings gives
a company more time to prepare a more robust restructuring
plan and to win time. It must be said that up to now rehabilitation
procedure has been used only in a few cases.”
What is your department noticing of the current global
downturn?
Janusz Sekowski: “There is definitely more work for us to do
under the current market circumstances. We usually work
for corporations that are in problems and want our help and
support in preparing and implementation restructuring plans.
We now also work for lenders. They want to gain more insight
and understanding of the real financial situation of companies
14
issue 27
Bulletin
they have lent money to. We also advise what kind of options are
available for both debtor and lenders.”
What are the legal instruments that give the basis for lenders
to obtain information from their debtors?
Janusz Sekowski: “Usually, in the lending agreement certain
covenants are stipulated. If these are not met by the debtor, it
may potentially lead to cancelation of the loan agreement and
immediate repayment. That gives a lot power to lenders to request
additional information.”
Robert Nowak manager of the business restructuring group of
PricewaterhouseCoopers: “If covenants are breached, the lending
provider may also be entitled to change the terms of the loan
agreement, raise margins or request additional security.”
What are the most common solutions in such cases?
Janusz Sekowski: “I think that the first critical point is that debtor
and lender should talk to each other to gain an understanding
of the situation, but also to understand the agenda’s of other
stakeholders. It is important for all the parties to be prepared for an
open and honest dialogue.”
Robert Nowak: “If you own a company that is in financial
problems and you want to talk this over with your lenders, you
need a coherent and realistic plan with evaluated restructuring
measures. You also have to show your lenders how much
money this is going to bring in terms of cash flow available for
repayments. Based on that, you can start talking about some
form of debt restructuring.”
Janusz Sekowski: “There are always a number of options available
for the creditors. One is to continue supporting the company and
another option is to file for bankruptcy. The lender will always try
to assess which option generates the most return or would limit
their losses. Usually if a restructuring is successful, it brings higher
returns. But banks really have to be convinced that problems are
understood and that there is the right team on the company’s side
to implement the changes. There has to be a clear plan according
to which the changes are implemented and which the banks can
monitor and say we are on the right track.”
What is the difference in terms of rules when the creditor is not
a bank, but a contractor or a supplier?
Robert Nowak: “In that case I would try to avoid filing for a
liquidation bankruptcy, because your recoveries might be 30 or 40
percent if you’re lucky. Not only your recoveries are low, it is also
a lengthy process to get you money back. So again, I would try
to avoid that. There are other measures which typically produce
better results”
Janusz Sekowski: “The position of some of the creditors in the
bankruptcy is rather weak, because many of them are not secured.
Usually the bankruptcy gives more dividends for secured creditors.
There are however, other solutions that companies may use to
protect themselves if a bankruptcy might occur. Some companies
put clauses in the contracts, where the ownership of the goods that
are supplied, is not transferred until the last payment is made. So
then in case of a bankruptcy, if these goods can still be identified in
the bankruptcy estate, the creditor can reposes them.”
What else can those unsecured creditors do if they want to
avoid a bankruptcy?
Janusz Sekowski: “I want to advise those companies to manage
the risks very carefully and to implement good credit control
proceedings. In this way, you can avoid many problems. This
has become very important under the current downturn. Even
customers that used to pay on time may have right now problems
to do so. It would be wise to monitor the financial performance
of your clients and to use business intelligence to obtain this
information.”
Robert Nowak: “Your organisation is a good source of information
as well. Your employees might have valuable information about
clients which is waiting to be collected and analysed. Moreover a
change of mindset is necessary. Half a year ago, financing was
not a problem. Now, even though the times have changed, still
many organisations are sales and marketing oriented. I am of
the impression that in some cases cash is not the main focus of
management; however, it should be.”
What are the biggest risk sectors in Poland
Janusz Sekowski: “The best way to analyse that is to start from
how consumers react to the downturn. Usually they have cut
spending related to big and expansive items where there is no
immediate pressure to buy such goods. These would be e.g. white
goods, cars or travelling.”
Robert Nowak: “PwC performed an exercise, where we looked at
consumer behaviours in the UK when it was in recession in the
nineties. One of conclusions was that making general assumptions
about sectors might be misleading. For example, during this
recession, men clothing (especially shoes) were such an item that
was no longer in demand, but clothing for kids was hardly affected.
So when you assess a business partner, its sector can provide an
early warning, but you need to go into the specifics.”
If you compare insolvency laws in Poland to other EUcountries, is this country in step with European neighbours?
Janusz Sekowski: “The Polish insolvency law was redrafted in
2003, and in general the comments that we hear from banks and
lawyers is that this was a good move and the right step forward.
There is however, still quite a difference between the insolvency
law in Anglo-Saxon countries and on continental Europe. My
perception is that in the Anglo-Saxon countries, the regulations
are more efficient and the processes are much quicker. Therefore,
the debt-remains of the
businesses are really lower
and also the recoveries
are higher. However on the
continent there is a significant
involvement of the court, and
therefore the proceedings
are lagging for a number of
weeks or months and there is
a big risk that within this time
the value that is still trapped
in this underperforming
company will evaporate.
For instance in the UK there
are insolvency practitioners
“Being an unsecured creditor
that go into the troubled
I would look for solutions other
businesses before the official
then filing for a liquidation
bankruptcy is declared.
bankruptcy of your business
Therefore, they understand
partner, because in this case
the situation much earlier and
recoveries might be low, 30
can quickly identify the best
or 40 percent if you’re lucky.
option for saving the value,
This should be the last resort”
which is still in the company.
Robert Nowak manager of the
In Poland however, it takes
business restructuring group of
longer until the bankruptcy is
PricewaterhouseCoopers
accepted or approved by the
court, and in this period, the
management is still struggling with the situation. The focus is more
on having a fair distribution among the creditors rather than really
on how to save and protect the value and then distribute the sum
which is maximized.”
Robert Nowak: “For instance with the bankruptcy of Lehman
Brothers it took only several days to appoint an administrator in the
UK, whereas in Poland it would probably take several weeks.”
Increase of bankruptcies
In the first quarter of 2009, the amount of bankruptcies
increased by 11 percent compared to the same period over
the last year. A study by the credit insurance company Euler
Hermes showed that 105 companies have gone bankrupt
in the first quarter. According to experts, this is only just
the beginning. “The number of bankruptcies is likely to
increase considerably in April and May,” claims Tomasz
Starus, director of the risk assessment department of Euler
Hermes in newspaper rzeczpospolita. The highest amount of
companies that filed for bankruptcy could be found in the
Mazowiecki- (21) and Śląski provinces (15). This is because
those provinces are dominated by exporters who have been
affected first and hardest by the crisis. According to Euler
Hermes, the highest amount of bankruptcy’s can be found
among companies in the production sector (31 percent).
They are followed by the service industry and retail.
issue 27
Bulletin
15
Advertorial
Entrepreneurial Leadership
Program 2009
In 2009, Nyenrode Business University from the Netherlands will launch the second edition of the
Entrepreneurial Leadership Program for directors, managers and high potentials of international
companies in Poland.
In the ELP the following issues will be covered:
• Focusing on long term issues
• Personal coaching and development
• Leading creativity and innovation
• Applying practical business knowledge
The Polish coaches :Beata Marcinkowska,
Iwona Demidowicz, Monika Goetzendorf. On
the background Luc de Schryver from CPSB.
• Managing paradoxes
• Solving complex business cases
• Exploring leadership in unusual situations
• Handling open and risky assignments
the
practical
development
of
international
entrepreneurial leadership since 1946. To make the
ELP really into an international production, we have
created several educational partnerships. In Poland
• Your company today and tomorrow
• Integrating various problem solving styles
• Handling a ‘Living in the Fast Lane’ lifestyle.
we cooperate with the Kozminski Academy and
Business as unusual
executive trainers of Robinson Consulting from
“For entrepreneurial leaders, business is always
Warsaw. We are also very happy with our Polish
unusual. They have to be on the outlook and be
coaches from Lodz and Katowice. The fact that
receptive for unexpected turns. Very important is to
participants can speak Polish when it is about their
observe their own role in the process and how to
personal development is a very great advantage.
inspire people to look for alternatives. Business as
Beside Polish partners we also cooperate with the
unusual requires creativity, inspiration and the guts
Creative Problem Solving Group from Brussels.
to say no, even if an obvious solution seems at hand.
They offer a huge toolkit of creativity and innovation
The program will be delivered by the Nyenrode
techniques for business. You see, this is a real
Business University. ‘We have a tradition in
European program’
Otto van Veen and
Redbad Klijnstra
For more information contact Otto van Veen,
Program Director, tel +31653169255,
e-mail: [email protected]
or visit our website www.nyenrode.nl/poland
All ELP photos: Jacek Krzysztof Wiśniewski
Third step in Leadership development
After a successful first edition in 2008, Nyenrode
Business University will launch the next
Entrepreneurial Leadership Program in the spring
of 2009. The program aims at directors, managers
and high potentials from international companies
in Poland. Although formal education is not the
selection criterion, basic business knowledge is
required. Otto van Veen, program director of the
Nyenrode Executive Development Centre: ‘ The
Entrepreneurial Leadership Program is the third
step in leadership development after MBA and
managerial skills training. The selection of ELP
candidates is rather critical. We need toppers who
co-create a program where they feel challenged.
This is a process you cannot standardize”
Column
DEALING WITH DISTRESSED COMPANIES
court supervisor (in the case of arrangement). On the day bankruptcy through
liquidation is declared, the bankrupt entity loses the right to manage, use and
dispose of its assets, while in the event of bankruptcy through arrangement this
right is seriously limited.
In the period before bankruptcy there are several do’s and don’ts for creditors.
When entering into contractual relations with a business facing bankruptcy a
creditor should consider the legal risks he could face. Firstly, any contractual
provisions preventing or hindering the aim of the bankruptcy proceedings,
such as the other party to the contract having excessive termination rights in
the case of bankruptcy, will be ineffective as regards the bankruptcy estate and
will be ignored by the bankruptcy trustee. Extreme care should be taken with
related party transactions in the pre-bankruptcy phase. Any such transactions
carried out in the six months leading up to the petition in bankruptcy may be
deemed invalid. Transactions in which the debtor disposed of assets either
By Remco van der Kroft and Dr. Tomasz Chilarski
free of charge or for the proverbial “one euro” in the year prior to the petition
Remco van der Kroft is a Dutch advocaat and partner in Domański
Zakrzewski Palinka, and Dr. Tomasz Chilarski is a senior lawyer with the
same firm and has a doctorate in international bankruptcy law.
yet due and payable being either paid or secured in the two months prior to
in bankruptcy will also be ineffective. The same applies to debts that are not
the petition in bankruptcy. Finally, when executing agreements with an entity
facing bankruptcy it should be borne in mind that a liquidation bankruptcy
declaration has far-reaching effects for the agreements to which the bankrupt
Although Poland has not yet seen the significant increase in bankruptcies
entity is a party, e.g. as regards termination, admissible set-off of receivables,
that has been witnessed in the Netherlands recently, the financial situation of
charging default interest. The Bankruptcy and Reorganisation Law contains
many Polish companies is anything but flourishing. Although readers of this
many provisions in these respects, which will apply whether the agreement
magazine no doubt take care when choosing business partners by performing
between the creditor and the Polish company is governed by Polish law or by
a financial due diligence, there are other issues to be aware of. When dealing
a different law.
with companies in financial difficulties, the possibility of bankruptcy should be
anticipated.
During bankruptcy proceedings, there are numerous other issues that the
creditor must be aware of. The first step that a creditor should take is to report
There are two types of bankruptcy in Poland. There is also a procedure akin
his receivables to the bankruptcy trustee. This should be done by the deadline
to the Dutch “surseance van betaling” or the American Chapter 11 protection,
set by the court in the bankruptcy declaration, as any delay will lead to the
known as “reorganisation proceedings“. However, as this is hardly ever applied
creditor having to bear additional proceedings costs and being unable to
in Poland we will not discuss it here in any greater detail.
participate actively in the bankruptcy proceedings. This may mean inter alia
that he loses certain rights to challenge decisions made by the bankruptcy
Under the Bankruptcy and Reorganisation Law of 28 February 2003 (as
trustee.
recently amended), a company should file for bankruptcy if it fails to pay its
debts when they fall due. A petition in bankruptcy should also be filed when the
Creditors who report their receivables and become participants in the
company’s liabilities exceed the value of its assets even if it is still able to pay
bankruptcy proceedings have a range of procedural entitlements during the
its liabilities regularly. This provision is controversial, especially as members of
proceedings, e.g. they can motion for the debtor’s actions to be deemed
a company’s management board can be held personally liable if they fail to file
ineffective, appeal against actions taken by the bankruptcy trustee and the
for bankruptcy within 14 days of one of the aforesaid events occurring.
judge commissioner, and participate in creditors meetings and creditors
councils (if such bodies are appointed). An important point here is that
A petition in bankruptcy can also be filed by a creditor. If the petition is filed by
creditors have the right to object to receivables being recognised or to a
the debtor, a proposal for settling with creditors can be attached together with
refusal to recognise receivables when a list of receivables is being drawn up.
settlement financing proposals.
Creditors can also object to the allocation plan.
Once the court has examined the petition in bankruptcy, it may issue
a judgment declaring the debtor bankrupt in which, inter alia, it appoints
Although under Polish law, creditors do not run bankruptcy proceedings
a judge commissioner and a bankruptcy trustee (in the case of liquidation) or a
against the debtor, they can have a significant influence on the case.
issue 27
Bulletin
17
Career tracker
HR Announcements
Willem de Mol
Willem de Mol has been appointed as interim finance director at Perfetti Van
Melle Polska. In this role he is (next to the regular CFO duties) responsible for
the closure of the Tarczyn factory. A successful commercial operation with
around 200 sales staff will remain, distributing brands like Mentos, Chupa
Chups and Alpenliebe, that will be imported from other PVM factories around
the world. After various corporate financial positions in the Netherlands,
Willem has been active in Poland since 1999. In 2005 together with Arjen
Bergman, he founded his own company, polish business services (PLBS),
which is specialised in co-packaging of sugar confectionary and chocolate
products for a selected group of large producers from the Netherlands and
Belgium. With two production-sites, a flexible workforce of several hundred
people, own logistics and IFS/BRC certification, this operation is rapidly
growing. Being a chartered accountant and with having a wide experience
in Poland, in 2007 Willem added a second leg to the PLBS activities, being
administrative services, consultancy, and interim management. Both for
starting and existing companies in the Polish business environment.
Wilbert Stoffelen
Wilbert Stoffelen (42) has been appointed as Administration Division Director,
Member of the Board, of Makro Cash & Carry Polska S.A. In Poland Makro
Cash & Carry is a leader in the self-service wholesale trade and owns 29 stores
with a total of 250,000 sqm. Makro Cash & Carry employs in Poland over 7,000
people. In this position, Wilbert is responsible for controlling, finance and
accounting and taxes, information management, supply chain management
and general administration. He is also member of the board of Metro Group
Advertising Poland and ECR Poland. From profession Wilbert is a certified
public auditor, and after fifteen years of working in the audit practice, he left
Ernst & Young accountants. The last five years he worked in the FMCG industry
at Struik Food Group N.V. and Johma Salads, subsidiary of Uniq plc, as CFO.
Ton Kentgens
As of April 1, Ton Kentgens founded his own consultancy company in
Poland. He offers consultancy/expertise in asset management in CE, retailbanking strategies in CE, business culture and network introductions in PL.
After his studies, Business Economics at the University of Maastricht, Ton
Kentgens worked for The Open University of the Netherlands as an associate
professor in Finance. He pursued his career at ABP, the pension fund for state
employees, as European Equity Manager. In 1996, he began working for the
Rabobank Group. In the past 12 years, he gained experience in various parts
of the Group: local banks, headquarters, and Robeco (the asset management
company of the Group). Kentgens also worked for the retail banking
division of the Bank BGZ, an acquisition of Rabobank. In November 2006,
Mr. Kentgens was asked to set-up and lead the local operation of Robeco in
Poland, which he did until Robeco decided to cease their activities in Central
Europe in February 2009 because of a strategic redirection. Remco Norden
Remco Norden was appointed general manager of the Hilton Warsaw Hotel
& Convention Centre. Born in Amsterdam, Remco graduated from the Hanze
College Zwolle in the Netherlands, where he studied hotel management and
food service education. He has been with the Hilton for 14 years working
in various positions in London, Amsterdam, Brussels, Stockholm, Vienna,
and most recently as general manager of the Hilton Prague Old Town in
the Czech Republic. He speaks fluent Dutch, English, Swedish, German,
and French. Remco is married with two children and in his free time enjoys
spending time with his family, and is also fond of cooking and quality wines.
Raymond Tans
Raymond Tans has been appointed as counsellor for agriculture, nature, and
food quality at the Embassy of the Kingdom of the Netherlands in Warsaw.
Before taking up this job, he was an advisor for the EU horticulture policy
in the directorate for international affairs of the ministry of agriculture in
The Hague. In this function, he had many contacts on the EU level and had
the opportunity to cooperate with agricultural authorities in several newly
accessed member states. From 1997 until 2002, he worked as counsellor
for agriculture in Berlin and Bonn. Before he has been a.o. head of the
public affairs office in Brussels for the association of flower auctions in the
Netherlands (VBN). Raymond Tans was born 59 years ago in Maastricht.
Paweł Wojciechowski
Paweł Wojciechowski submitted his resignation from the post of PAIiIZ
President due to his appointment to the position of Under-Secretary of
State in the Ministry of Foreign Affairs. PAIiIZ, the Polish Information and
Foreign Investment Agency, helps investors to enter the Polish market and
find the best ways to utilise the possibilities available to them. PAIiIZ also
supports firms that are already active in Poland and provides rapid access
to information relating to legal and business matters and also provides help
in finding the appropriate partners and suppliers in Poland.
Guido Vreuls
Guido Vreuls (39) has been appointed as Otto Workforce’s new Manager
for Eastern Europe. Until now, Vreuls worked as a general Manager of the
company in Poland, where he has lived and worked for seven years. His
office is located in Opole- the capital city of Polish Song, but Guido travels a
lot between offices in Poland, Netherlands and now in Eastern Europe
(Czech Republic, Slovakia). Otto Poland wins lately many prizes: The BCC
Medal Europejski, Złota Spinka, Nasze Dobre Opolskie, and others. Guido
was involved in many sports initiatives - for the last 2 years Guido Vreuls has
been a president of the football club, Odra Opole. Otto Workforce is also the
sponsor of Aida Bella- a talented short track competitor in Poland.
Theo Tiegelaar
Theo Tiegelaar (61) started a new career as a freelance executive consultant.
Theo resigned last year from his position as managing director of Grontmij
Polska. He worked for almost 10 years in Poland and built up with Grontmij
Polska a leading position in various markets, such as building and real
estate, transportation, water, waste and energy.
Before Poland, he did similar jobs in the Netherlands, Russia, Hungary, and
Ireland. Now he supports (mainly consulting and engineering) companies
in setting up their business in Poland or as a senior project manager of
complex development projects. Theo Tiegelaar lives partly in Poland
(Poznan) and the Netherlands.
18
issue 27
Bulletin
Roel Annega
Roel Annega has started as Business Unit Marketing Director for CocaCola, based in Warsaw. In this role, he will be responsible for marketing the
Coca-Cola Company beverage portfolio in Poland, the Baltic’s, the Czech
Republic and Slovakia. He has already relocated with his family from Berlin
to Warsaw. Roel joined the Coca-Cola Company 11 years ago and has
worked in a variety of positions throughout Europe. He brings over 20 years
of marketing experience. Before joining Coca-Cola he worked for Nestle
and Wessanen
Michel Zuidgeest
Michel Zuidgeest (38) assumed a new position with ING Group in the
Netherlands in 1st quarter 2009. In his new role as program manager,
he is responsible for the integration of ING’s business banking activities
(between Postbank and ING Bank Nederland). Michel was an active member
of the Board of the Dutch - Polish Chamber of Commerce during two years.
He will move back to the Netherlands with his family after international
assignments in France, Belgium, India, and Poland. Peter van Ooijen
(45) has been appointed chief insurance risk office (CIRO)/board member of
the insurance company of ING Poland. After receiving his master degree in
Mathematics from the Dutch University of Leiden in 1986, he started to work with
ING in the actuarial department. In 1991, he became an actuary and a member of
the Dutch actuarial society. At this time, he held several management positions
in the Netherlands, and from January 1st 2003, he was controller of division
intermediary (which consists of Nationale-Nederlanden Life and Non-Life, WUH
and Movir). From March 1st 2006, Van Ooijen was CFO/CIRO of NationaleNederlanden Group Life which job he held until the 1st November 2008.
Bob Kruijsse
As from the beginning of this year, Bob Kruijsse began working fully as a private
Risk and Insurance Management Consultant. For over 28 years now, he has
studied the various aspects of risks, and how to deal with them. Thanks to
this kind of approach, he has developed an instinctive feeling for risks and a
very practical approach to risk management. He also is one of the founding
members of the Polish Association of Risk Management POLRISK. His risk
management philosophy consists of proactively planning, implementing,
measuring and monitoring risk management practices to minimize and mitigate
systemic and idiosyncratic risks inherent in the businesses of his customers.
Geert de Groot
Geert de Groot (29) has been appointed brand manager winiary at Nestlé Polska S.A.
He started his career with Nestlé in the Netherlands, moving through various
marketing and sales functions in the retail as well as out of home business of
Nescafé. Prior to joining Nestlé Polska, he was assistant commercial advisor
for the food business at Nestlé’s head office in Switzerland.
As part of a corporate program for young commercial expats, it is expected
Geert will move across different commercial functions within Nestlé Polska.
His partner Inge Kleemans joined him for this exciting new challenge in Poland.
New members
AXA-MAG Sp. z o.o.
AXA-MAG Sp. z o.o. has, since 1996, been the manufacturer of aluminium
hardware for windows and doors, intended for both apartments, industrial
and public utility buildings. Since 1999, AXA-MAG Sp. z o.o. has exclusively
belonged to AXA Stenman Industries. That European holding incorporates
Stenman Holland B.V., BASTA A/S, AXA-MAG Sp. z o.o. and AXA Thailand. The
benefits of over a hundred years experience combined with competent technical
staff and modern management methods make the products offered by AXAMAG meet the highest quality and safety standards. In June 2003, AXA-MAG
was awarded a Certificate to acknowledge compliance with the requirements of
the ISO 9001:2000 Standards. AXA-MAG was also rewarded GAZELA BIZNESU
for 2008 results and was nominated for the Dutch Polish Trade Award 2007.
At Aromedia Polska
At Aromedia Polska, it’s all about education and work. Over the past years, we
have introduced and developed many products that are widely used by students
and highly educated professionals. Our activities in Poland were inspired by
the success of the student’s diary Planner Akademicki. The planner has gained
huge popularity among students and among our partners from various fields.
For the last four years, we have organised a Career Fair. This highly regarded
event is attended by recruiters covering areas from management, consultancy
to charity work. In Poland our product range, consists of printed products,
events, and websites for a target group between 18 and 30 years old.
Aromedia Polska Sp. z o.o., ul. Bruna 16 lok.11, 02-594 Warszawa
tel. +48 22 875 29 05, e-mail: [email protected]
www.targi-kariery.com
Roland Weening
Roland Weening (39) has been appointed vice president of savoury foods
Central, Eastern Europe & Russia for Unilever. Previously Weening held
management roles in Ireland and Italy for this company, which markets brands
like Dove, Magnum, Knorr and Lipton. In his new position, Weening leads a
team based in Warsaw in developing the savoury foods business in the region.
”An exciting region with lots of growth opportunities for our main savoury brand
Knorr. More and more people can use a bit of help with cooking these days,
so we are constantly looking to develop more tasty, natural and convenient
products for them”. Roland holds a degree in economics from the university of
Amsterdam and is now living with his wife and three sons in Warsaw.
Maciej Mitoraj
As of March 1, 2009, Maciej Mitoraj was appointed marketing director of
Grupa Żywiec S.A. Mitoraj is responsible for marketing strategy for the whole
portfolio of the Grupa Zywiec brands. Maciej Mitoraj graduated from the
economics academy in Poznan.
He started his career in 1995 with Nestle, where he was responsible for
individual brands. He moved up all the levels starting with marketing assistant,
product group manager, national key manager to become eventually district
sales manager. Starting from 2000, he worked at Kompania Piwowarska as a
senior brand manager (Tyskie and Dębowe brands).
X3M Digital SA
X3M Digital SA (former Euromarketing Group Sp.zo.o) is a joint Stock company
with its core business folded around MULTIMEDIA CONTENT, more specific
what you can do with it.
CREATE-PLAY-RECORD-TRANSMIT-STORAGE
* Production of TV programs-Video – DVD (by TV PRO a 100 % daughter company)
* Production & Distribution of TV tuners for watching & recording TV on your PC
or notebook www.x3mtv-tuners.com
* Internet TV portal www.x3mtv.pl
* Internet Radio-& TV player www.x3mplayer.com
With this player each user can create their own internet portal with hundreds of
multinational content feeds. Besides our company in Warsaw-Poland, there are
representative offices in Germany and Holland.
X3M Digital SA, ul. Laczyny 4 Derby II, 02-820 Warsaw
tel. 022-32 333 20, www.x3mdigital.com
issue 27
Bulletin
19
The Netherlands - Polish Chamber of Commerce
invites new members
Scala Construction
Scala Construction has been operating on European market since 1999. We
offer a wide range of services, such as building construction, redecoration
and, most importantly – our new service - restoration of historic buildings and
monuments.
Our company bases on Polish resources of highly qualified, experienced staff
appreciated in the European markets. The level of our services finds confirmation
in numerous references from Netherlands, Belgium, Norway, United Kingdom,
Poland, and Sweden, achieved in the 10 years of the activity of us. We execute
comprehensive tasks, planned for many months or short- term tasks. Scala
Construction est. 1999 offers quality assured services at competitive prices.
Scala Construction Sp. z o.o.
11 Heweliusza Street, 80-890 Gdańsk
tel. +48 58 321 72 45, fax : +48 58 321 72 46
[email protected], www.scalaconstruction.pl
The Polish Council of Shopping Centres
The Polish Council of Shopping Centres is a non-profit organisation
established in 2003. Members of PRCH represent all professions involved
in the retail property industries in Poland: owners, investors, developers,
managers of shopping centres, architects, lawyers, consultants, retailers, fitout companies, and other professional staff working in or supplying services
to the managed retail environment. PRCH’s main objectives are: lobbying
and promoting the Polish shopping centre industry, business networking,
providing knowledge on the operation of shopping centres by trainings and
seminars, market research and information about current trends. More you
can find at www.prch.org.pl.
Polish Council of Shopping Centres
ul. Nowogrodzka 50, room 448
00-695 Warszawa
tel./ fax. +48 22 629 23 81
email: [email protected]
Brunel Polska Sp z o.o.
Brunel Polska Sp z o.o. specialises in flexible employment of highly qualified
specialists in the field of engineering, building and construction, oil and gas,
automotive, finance and insurance and banking.
Brunel’s Polska core activities are secondment, recruitment and selection.
Headquartered in Wroclaw, Brunel Polska is in close cooperation with 90 offices
20
issue 27
Bulletin
of Brunel International N.V. located in 32 countries in Europe, Asia, Africa,
Australia, and North America. This means that we can provide our clients with
Polish specialists and/or international professionals if requested
Incorporated in 1975, Brunel has since become an international concern with
8000 employees and an annual turnover of € 714 million (2008).
For more information on Brunel Polska, please visit www.brunel.pl
BRUNEL POLSKA Sp. z o.o.
Silver Forum, Strzegomska 2-4, 53-611 Wrocław
Tel: +48 71 776 07 45
e-mail: [email protected], http://www.brunel.pl
The Hilton Warsaw Hotel & Convention Centre
The Hilton Warsaw Hotel & Convention Centre brings a unique, fresh
style of contemporary living to the central business district of Warsaw,
Poland. The hotel features 314 ultra modern, stylish guest rooms and
suites featuring the latest technology, grand PISTACCIO Lobby Bar &
Lounge, MEZA Restaurant offering modern European and Polish cuisine,
cool AXIS Bar serving the widest selection of vodkas in Poland, the
largest and most advanced convention and event facilities (3,000 sqm.,
32,290 sqft.) in the heart of Warsaw (1,406 sqm., 15,130 sqft. pillar-free
Warsaw Hall, 12 multifunctional, state-of-the-art Hilton Meeting Rooms,
1 exclusive Hilton Boardroom), high-tech business centre, 3,800 sqm.
(40,900 sqft.) Holmes Place Lifestyle Club featuring a 200 sqm. (2,153
sqft.) pool with Jacuzzi
Nyenrode Business University
Nyenrode was founded in 1946 by a group of international Dutch
companies.
The objective was to educate young people to act independent and
competent within and outside the Dutch borders. Since then the scope of
Nyenrode has been broadened with MBA studies and executive programs.
From 2008 Nyenrode is active in Poland with the Entrepreneurial
Leadership Program In May 2009 Nyenrode will sign an agreement
with the Kozminski Academy for Entrepreneurship and Management in
Warsaw and in 2009 Nyenrode will host the 5th edition of the Dutch-Polish
Trade Award. Contactperson and representative for Poland is Otto van
Veen, program director for executive program; [email protected],
+31653169255.
Private Members:
Jan Willen van Dam - Vendere Consultancy & Training BV
Koen Haverbeke - The Flemish Representation in Poland
Piotr Wawrzyniak - Kennedy van der Laan
News
from our members
The Dutch Graphic Design travelling
exhibition arrives in Poland
History books invariably
call the 17th century the
Netherlands’ Golden Age. But
when it comes to graphic
design, there’s a lot to be
said for giving that title to
the 20th century. The
exhibition the Golden Age:
Highlights of Dutch Graphic
Ivens & Co Photographic Supplies,
Design (1890–1990) shows
designed by G. van Caspel 1899.
the quality and diversity of
the graphical design of those days. After a month in Ljubljana, the travelling
exhibition has moved to the Wilanów Poster Museum in Warsaw. The exhibition
of classic posters and book covers will remain on view here until 31 May.
Golden Age showcases highlights of 20th-century Dutch graphic design. These
represent the peaks of the Art Nouveau, De Stijl, expressionist, Dutch constructivist
and post-war rationalist movements. Visitors can drift back in time as they view
posters by designers like Jan Toorop, Theo van Doesburg, Bart van der Leck, Piet
Zwart, Paul Schuitema, Willem Sandberg, Dick Elffers, Jan Bons, Pieter Brattinga,
Jan van Toorn, and Wim Crouwel. Individually and collectively, their designs represent
a unique, surprisingly coherent cultural tradition. Thanks to its originality and subtle
complexity, much of this work continues to inspire graphic designers today.
A programme of workshops, lectures, and tours accompanies the Golden Age in
each city it visits. The activities are aimed largely at graphic-design students and
are meant to generate cross-cultural exchange. Since 2007, the exhibition has
appeared in Bucharest, Sofia, Budapest, Madrid, the Dutch city of Breda, Istanbul,
and Ljubljana. After closing in Warsaw, it will move to Brno, in the Czech Republic.
Unilever opens first R&D centre
in Central & Eastern Europe
Unilever has opened its Centre of Excellence Liquid Foods in Poznań, the first
global foods product development centre in the Central & Eastern European
region. The multinational has invested 16 million EUR in the new centre. The
R&D Centre is responsible for product, process and packaging development for
food products to brands like Knorr, Hellmann’s. The R&D centre employs 65 R&D
professionals from 13 countries.
Vindi Banga, Unilever CEO for food and cosmetics, confirms that investment
in Poland continues to be attractive and the food market is highly absorbent.
Within the last three years Unilver’s investment outlay in Poland reached 300
million PLN. Beside the two Poznań-based facilities, the company constructed
also a tea factory and a transport management centre in Katowice.
24-7 and Tebodin SAP-project on the move
PR Agency 24-7 PR has won the contract for servicing Tebodin SAP-project
with corporate communications, press contacts and CSR activities. Tebodin
SAP-Project is a magnificent company with high value projects. Shaping the
recognisability of Tebodin on the Polish market is an attractive job”, says Dirk
Aarts, managing partner of 24-7. The Polish - Dutch PR company 24-7 has been
established in 2000. Since 2006 they are one of the 10 largest agencies in Poland.
Tebodin SAP-Project (the daughter of Dutch consulting company Tebodin) has
a leading position in consultancy and design in Poland. The company offers
designing and complex management services of commercial, industrial and
infrastructural investments across Poland Tebodin SAP-Project is already 19
years active on the Polish market and has a yearly turnover of 25 EUR million.
DHV Polska signs new contracts for
the construction of roads
Consulting company DHV Polska signed a contract for the basic and final design
of the build-up of the Polish national road no 14, section Sieradz – Walichnowy,
with MGGP – surveying company as a partner. The contract is worth about 2 mln.
EUR and refers to a 43.6-km long road section. The Polish national road no 14
leads from Łódź to Wrocław. DHV Polska is also the author of the environmental
impact assessment (EIA) analyzing three possible alternative routes for the
so-called Augustów’s bypass, which has been recently discussed in Bulletin,
the magazine of the Netherlands Polish Chamber of Commerce. The bypass
reduces heavy transit traffic on the expressway to limit the inconvenience to the
inhabitants of Augustów. The EIA analyzes three variants of the bypass and the
measures aimed at reducing the negative impact on mammals, amphibians and
reptiles living in the Augustów Primeval Forest, a Natura 2000 site.
The bypass of Chojnice for which DHV Polska held the supervision.
Dutchmen organize championship in Poland
The official petition with notification of
Poznan as a candidate to organize the
Homeless Word Cup 2011 was folded on
Friday 13 March 2009. Leo Beenhakker –
the coach of the Polish Representation in
Football is going to become the ambassador
of the event in Poznan.
Guido Vreuls, General Manager of OTTO
Poland is the originator and coordinator of
the project. The street soccer is played in
more than 60 countries all over the world.
During the last world cup in Melbourne the national team of Poland took the 13th place among the 48 teams from all
the continents. Earlier, in Copenhagen they won a silver medal defeating 46
teams. Guido Vreuls: “The homeless world cup will show how sport opens
up opportunities for young people, often from families at risk, to develop
themselves and shape their future in a valuable manner.”
issue 27
Bulletin
21
Embassy
page
Heroes or villains – revisited
In this Bulletin’s issue of March 2008, we predicted that Poland should be able to achieve a ‘hero’ status with regard to certain Lisbon targets.
What happened since? Will Poland’s competitiveness continue to improve in the aftermath of the worst economic crisis since the 1930s?
Written by Frank ter Borg and Willemiek Everts
(Netherlands Embassy)
In 2000 at Lisbon the European Council, the
heads of state and government of the European
Union Member States, set out an ambitious target.
By 2010, the EU had to be the most competitive
economy in the world.
In order to achieve this target the European Council
adopted the so-called Lisbon agenda for jobs and
growth, covering five broad areas: innovation,
liberalisation, enterprise, employments, and social
inclusion and sustainable development.
The Centre for European Reform (CER), a London
based think-tank; every year publishes a ‘Lisbon
Scorecard’. The Scorecard provides an assessment
of Member States’ overall Lisbon performance.
Countries that already meet many of the Lisbon
targets can achieve ‘hero’ status, as can those that
are catching up rapidly. Those that lag seriously
behind and make slow progress are designated as
‘villains’. In 2007, Poland was put on place 26 (of
27). It was qualified as a ‘villain’ in four categories.
In 2008, economic growth in Poland reached 5.4%,
unemployment declined and the Złoty appreciated.
But the expanding economy masked a poor record
regarding the Lisbon criteria. As the 2009 ‘Lisbon
Scorecard’ indicates, Poland has improved its position,
Minister Donner
visits Minister Fedak
On
1-2 April, the Dutch Minister of
Social Affairs Piet Hein Donner
visited Warsaw. The reason for his visit
was the pursuit of the Joint Declaration
he signed with the Polish Minister of
22
issue 27
Bulletin
but continues to have a low ranking (24th place).
Poland made improvements regarding the
regulatory burden and in bringing people to
workforce. It did not however, achieve ‘hero’
status in any category and is still a ‘villain’ with
respect to the telecom sector, the business startup environment, climate change, and state aid and
competition policy. It could very well be however,
that this poor performance is due to the fact that
the legislative ‘October Revolution’, a slew of a
new legislation initiated by Secretary of State Adam
Szejnfeld, only was effectuated later – too late to be
fully reflected in the ‘Lisbon Scorecard’.
Contrary to the CER, the ‘Lisbon Council for
Economic Competitiveness and Social Renewal’,
a Belgium based think-tank, puts Poland on 2nd
place, concluding that Poland is well on target to
meet the Lisbon goals. This outstanding result is
due mostly to Poland’s strong scores on economic
growth and productivity growth. When it comes
to employment, human capital, future-oriented
investment, and sustainability of public finances, it
finds itself at the bottom of the scale – also here.
Nonetheless, we may conclude that Poland’s
performance has improved and - borrowing
CER terminology – that Poland therefore can
be classified as a ‘hero’ with regard to GDP and
productivity growth.
Social Affairs Jolanta Fedak a year
ago. The Declaration facilitates
bilateral cooperation in order both
to ensure the free movement of
people and services and to eliminate
fraudulent practices on the labour
market in both countries. Therefore,
a Polish information campaign was
launched that informed Polish workers
in the Netherlands about their rights
and duties. Thanks to the Ministerial
visit, the cooperation will even
intensify. Cooperation between Polish
authorities dealing with unemployment
and the Dutch UWV was established
and the Polish Labour Inspection will
join the Dutch Labour Inspection on
their inspection rounds in companies
hiring Polish workers. Both Ministers
and their delegations were visibly
satisfied with the agreements made.
Visit Minister
Bieńkowska to the
Netherlands
On
12-13 March, Minister Elżbieta
Bieńkowska (Minister of Regional
Development) paid a visit to the Netherlands.
She spoke with Maria van der Hoeven,
Dutch minister of Economic Affairs, about
the financial crisis, structural funds, tender
procedures in Poland and cooperation in
the framework of the MOU (Memorandum
of Understanding) concluded between the
Polish Ministry of Regional Development
and the Dutch Ministry of Economic Affairs
in December 2007. Minister Bieńkowska
said that the Polish government is trying to
select in tenders on not only price, but also
more on criteria of quality. Furthermore, she
asked for Dutch technical assistance to
combat the long procedures Poland. Under
the MOU, Minister Bieńkowska underlined
as priorities: innovation, spatial planning,
and urban policy as instruments for regional
development, as well as technical aspects
regarding structural funds (methods of
evaluation etc.). Minister van der Hoeven
mentioned water management, energy
(renewable energy, energy efficiency) and
waste management as important and
promising areas for cooperation. It was
decided to broaden the scope of the MOU
with these areas. During a Round Table
meeting with Minister Bieńkowska and CEOs
of Dutch companies, the Minister pointed out
that for the spending of the 67 billion Euro
(structural and cohesion funds) until 2013,
most tenders for big projects (especially
infrastructure) will take place in 2010.
Will Poland continue to improve its relative position
against the backdrop of the current economic
crisis? Forecasts for 2009 with regard to GDP
growth, employment, and investments, have been
downward adjusted. Yet, basing itself on positive
reports by the IMF, the Worldbank, and the European
Commission, the Polish government is convinced
Poland will continue to do (relatively) well. The
government intends to continue to pursue the path
of economic reform, also in order to pave the way
for the introduction of the Euro. It may come as a
surprise that Slawomir Skrzypek, the President of the
National Bank of Poland – who himself appears to
be no supporter of a speedy introduction of the Euro
– in this respect fully concurs with the government.
Also Skrzypek is convinced that Poland has to bring
about more economic reform.
The successful implementation of reform will decide
the ‘hero’ or ‘villain’ status of the Polish economy in the
longer term, not only on scorecards, but also ‘in real life’.
New Publications
Made in
Holland
‘Made in Holland’ is a special publication of the EVD (Agency for
International Business and Cooperation, part of the Ministry of
Economic Affairs). In each ‘Made in Holland’s sector special’ a
different sector of the Dutch economy is presented.
The next ‘sector special’ to appear covers the energy sector and will
be distributed by the Embassy in May 2009. The topics will include:
Dutch
state of technology and the way the Dutch share and coordinate
Sanitation Solutions
knowledge for the sake of complete systems and solutions, division
for tailormade quality
of living worldwide
in wind, solar, bio, heat/cold storage, energy efficiency, geothermal
energy, CCS (Carbon Capture and Storage) and North Sea as an
Rural:
Urban:
energy source.
High-tech:
In August, another ‘Made in Holland sector special’ on water
technology will be distributed and it will include three subsectors:
industrial water, drinking water, and wastewater.
Copies of these publications can be obtained via the Embassy: Daria Idsardi, tel. 022-559 12 39,
[email protected]
Pioneers in international business
“Do It Yourself no-mix toilets”
“dry toilets when water is in short supply”
“biofuel from wastewater”
Please note that Interviews and news updates on sectors previously published in these magazines can
be found on: http://www.hollandtrade.com.
New appointments Embassy
This summer (July/August) there will be a number of personnel changes at the Embassy of the Kingdom of the Netherlands in Warsaw. First of all, Ambassador
Marnix Krop has been appointed as Ambassador to Germany. He will be succeeded by dr. Marcel Kurpershoek, currently ambassador in Ankara (these
appointments still have to be approved by the Ministries of Foreign Affairs of Germany and Poland prior to their arrivals). Furthermore, Mr. Frank ter Borg, Head
of the Economic Department, will be succeeded by Mr. Bert van der Lingen who previously worked at the Embassy in Warsaw in the late 1980s to the early
1990s. Mr. Mauritz Verheijden (Deputy Head of the Political Department) will return to the Ministry of Foreign Affairs in The Hague and will be succeeded by Mr.
Hein Knegt. Consul Richard Ambagtsheer will be posted at the Dutch embassy in Abuja (Nigeria) and will be succeeded by Mr. Leo van Gijn. Mrs. Erika Den
Besten will be posted in Buenos Aires (she has already been replaced by Mr. Stephan Wijnhoff).
Advertorial
How to enforce your rights effectively in international trade
First Things First: Choice of Law in
International Commercial Disputes
Successful litigation with a foreign adversary requires
a determination of the governing law at the outset, or
there is a danger that the relief sought, allegations and
evidentiary motions may be improperly formulated – thus
turning a winning case into a loser.
Art. 47912 and 47914 of the Polish Civil Procedure Code
streamlines commercial litigation by forcing the parties to
state their complete litigation position in the initial pleadings
(complaint or answer). Otherwise, they may be barred from
making these assertions later. First they must determine
which law (Polish or foreign) governs the transaction and what the substantive law provides. Only
after this has been determined is it possible to formulate counts, allegations, and evidentiary
motions effectively, in compliance with the procedures applicable in commercial cases.
The point is not so much to comply with the formal requirement that a party to the litigation
has to indicate which country’s law is applicable, but for the parties to the dispute – both the
Polish party and the foreign party on the other side of the contract – to be aware that proper
drafting of the complaint or the answer will depend to a large extent on the requirements
imposed by the substantive law (Polish or foreign) which the court must ultimately apply
when it decides the case.
Overlooking the choice of law issue at the start of litigation can cause incurable harm to a party
if it gathers evidence and draft pleadings paying attention only to its own domestic law and thus
formulates its litigation position only from that perspective. This error can be particularly harmful
where the provisions of the applicable law (whether Polish law, EU law, or the law of another
country); treaties or conventions set forth evidentiary requirements or grounds for relief differing
from those found under the legal system of the party’s home country.
If a company does not have an awareness of this often-complex situation and is not in a
position to gather the relevant documents necessary to demonstrate the course of dealings
with a foreign counterpart, it may be difficult to establish a winning position in court.
Andrzej Mikulski
SETTING OF THE GOVERNING LAW
FOR SALES AGREEMENTS
IN INTERNATIONAL TRADE
After the enforcement in Poland on August 1, 2007 of
the Rome Convention of 1980 on the Law Applicable
to Contractual Obligations, the importance of the act of
November 12, 1965 decreased.
The Rome Convention introduces the freedom of choice of
law by the parties to a contract.
International sale of goods is regulated by the United
Nations Convention on Contracts for the International Sale
of Goods (CISG) made in Vienna on April 11, 1980. The question, therefore, appears about
the relations between the Rome Convention and the Vienna Convention.
When searching for a law applicable to an international sales agreement subject to the Vienna
Convention, a priority should go to the provisions of such Convention treated as material
standards. The Vienna Convention causes that a sales agreement of goods shall be subject
to conventional standardised norms, irrespective of whether the parties knew that the states
where they are based are parties to the Convention.
In turn, searching for the governing law for a sales agreement subject to the Vienna Convention
in states forming parties to the Rome Convention, on an auxiliary basis, should occur with
observance of its provisions. The Rome Convention can apply to any dispute of entities based
in EU member states. Also, the Rome Convention will apply to disputes between entrepreneurs
based in the Community and the ones from outside. The Convention may also be applied to
cases that are not related to the territory of the EU, if the case is resolved by a court of a state
bound by the Convention.
Anna Zabielska
ul. Kielecka 19, 31-523 Cracow, Poland
tel. (+48) 12 410 77 00,
fax (+48) 12 410 77 01
[email protected]
www.mikulski.krakow.pl
Huub Droogh
– building on Polish tradition
When RDH aspired to expand abroad, unlike many of their fellow architects and urban planners, they didn’t
choose to go to China with its large scale building programs. Instead, they opened an office in Poznan.
“I am convinced that you can only succeed abroad if there is a certain click with the country”, says Droogh.
Huub Droogh: “Poles are very aware of their heritage but sometimes
they themselves have no idea how much of it still is there.”
When RDH aspired to expand abroad, unlike many
of their fellow architects and urban planners, they
didn’t choose to go to China with its large scale
building programs. Instead, they opened an office
in Poznan. “I am convinced that you can only
succeed abroad if there is a certain click with the
country”, says Droogh.
When Huub Droogh joined a trade-mission to
Poland in the summer of 2005, he planned this to
be a quiet trip that he could use to reflect on the
24
issue 27
Bulletin
future of RDH architects urban planners. Around
this time, the company had already checked out
and decided that it shouldn’t set up shop in Asia,
but closer to home. Poland seemed to be a good
step. “If you want to make a lasting bond between
two parties there need to be more than just the
money. Authenticity, in which we are specialised,
is not the most requested quality to architects in
China.”
During the trade-mission, Droogh unexpectedly
received his first assignment in Poland. He used
this as a pilot-project and a test to find out if Poland
would be suitable. “If you want to be active in CEE
as an architect, you obviously end up in Poland.
Quite soon I noticed that urban planning and
architecture in Poland has many similarities with
Western Europe.”
For a company that is active less than a year on
the Polish market you are quite successful.
“We are indeed going through an exciting period.
We offer consulting and advice concerning strategic
planning for local governments and there is a huge
demand for that. In the area of Warsaw, urban
planning is running completely out of control. Local
politicians are realising the need to do something
about this.”
When you look around Poland, you see that there
is a lot of work to do for urban planners like you.
“That is not applying for the whole of Poland, but
certainly in the urban areas
there are many difficulties.
Those urban areas’ are
expanding rapidly and
this results in complete
chaos. This is caused by
the fact that the planning
mechanisms of the local
governments
aren’t
prepared for the speed of
the developments and the power of the private
parties on the market. Therefore, local governments
need extra support and additional instruments to
support this situation. And this is where we can
offer our help.”
customer is able to make more choices and quality
will make the distinction.”
So after the cheap and low quality buildings,
we will now see developers making quality
apartments?
“That is where it will go. Quality and self-regulation
of the market are the key elements in which I
truly believe. And the government has to develop
instruments to bring those
two together. This might
take another ten years,
but in the end, when the
client has a choice, he
will choose for the best
possible option. This is a
logical development. Ten or
fifteen years ago, we had
the developers that built
houses like boxes. But since then, we have seen
the economy developing into a different phase.
Companies that are establishing themselves in
Poland are viewing their own real estate in a different
way. They ask themselves, what their buildings
will be worth in five years from now. Companies
like these are another type of entrepreneurs than
the early ones that wanted to make a quick buck
and leave Poland for another country like the
Ukraine. For those these new companies also
the location is important
and the companies by
which they are surrounded.
The best place for them
is there where there are
several other sustainable
companies located. And for
this, it comes down to good
planning by the local government. So this is where
I think urban development will go in Poland in the
near future.”
Photography: Ruden Riemens
“Quality and selfregulation of the
market are the key
elements in which I
truly believe.”
Are the Poles open for your advice. After all, you
are a foreigner and your ideas must sound quite
revolutionary to them?
“I feel that the Poles are very concerned about the
topics that we bring up. When I had a conference
with several mayors from cities in the area of
Poznan, within ten minutes, I had a click with
the audience and I understood that they had the
same concerns as I do. I think that in Poland there
is a demand to guide social development. I am
absolutely not presenting myself here as someone
who knows all about Poland, but what I see is that
the Poles want to get the grip back on topics like
identity. What I see is that Poland is becoming
capitalistic in a very very rapid way. I also see that
the first generation is kind of falling victim to this.
The people who are now over 50 years of age have
no chance anymore in adjusting to this process.
The younger generation is too busy with planning
and setting up their lives. Therefore we are now
searching for new solutions and creating new
concepts of modern family buildings. By initiating
projects like this, the government can regain grip
on the social and urban developments’ in Poland.”
But you are just a small company in Poland. Can
you really make a difference in this big process?
“Don’t forget it is not us that will do the regulations,
but the market itself. You already hear people
mentioning the word ‘quality’. When you look
around for instance in a city like Piaseczno,
people have chosen to live there, because it is
cheaper than in Warsaw. You can see that all
around you. It is reflected in the urban planning
and the architecture. The quality of the houses and
apartments is very low and they are built very close
to each other. There will come a moment that the
I don’t want to call myself a Pole by choice and I
still know little about him, but I find it fascinating
to find a Dutchman that has done so many things
here in Poland.”
Van Gameren was using his Dutch identity and
this was reflected in his work here in Poland. For
instance, he was using the famous Delfts Blauw.
Do you like that in his work?
“It is currently very popular to implement many
elements of foreign cultures in the designs. That is
something of the current time. The whole world is
connected and architects pick out bits and peaces
of other cultures and in this way try to make a
unique design. I try to resist against this mode.
I find it important to put the unicity of a place in
front. Many architects roll out their concept on a
location. I see many architects that are working like
that, but that is absolutely not what we want to do. I
see in the work of Van Gameren that he uses some
Dutch elements but he also puts the unicity of the
surrounding areas in front and I like that.”
When you look at the Polish cultural heritage.
There is so much, it is almost impossible to
preserve all of it.
“What you see is that the Poles are very aware of
their heritage and they are very connected with
it. But sometimes they themselves even have no
idea how much of it is still
there. I think that it is very
important for the Poles to
maintain this. Our bureau is
also active in this field. We
are trying to find ways to
develop monuments for the
development of a city. And
you can do this in a very modern way. You can for
instance add new elements to an old building and
by doing that, this building can become the motor
of the redevelopment of a part of a city.”
“I find it fascinating
that a Dutchman has
done so many things
here in Poland.”
When talking about architecture in Poland it is not
a big step to a well-known Dutch architecture in
Poland, Tilman van Gameren (1632 – 1706). Van
Gameren was an architect and an urban planner
who went to Poland in the 17th century. He was a
student of Jacob van Kampen, the architect of the
Palace at de Dam in Amsterdam and Van Gameren
designed many palaces, monasteries, and
churches regarded as pearls of Polish Baroque
architecture. It was only quite recently that Droogh
discovered the work of Van Gameren. “I stumbled
upon his work when we were preparing a project
for the city of Gora Kalwaria. There are rumours
that he has drew-up the urban planning for the
city. Recently I found an article about him that was
titled ‘Pole by choice, Dutchman by birth’. That
was when I first started to compare myself with
him. I think there are many similarities between
us and I feel like I am following in his footsteps.
This all sounds very valid and valuable, but
under the current difficult times of economical
problems, it will be hard to find bystanders for
this way of working.
“My opinion is that the market always is right.
And what you see is that at a certain moment the
consumer doesn’t accept it anymore, regarding
a lower quality. If you look at the quality of the
shopping centres in Poland. We all know the
example of Stary Browar in Poznań and I think
that the modern demanding customer won’t
accept anything with a less quality anymore.
A similar process will happen in the housing
industry. People already can make choices. The
companies that have the power to stay in the
market under the current downturn, they have
to listen to their customers and focus on quality.
They cannot only think about the bricks anymore,
they have to think about the people that are living
in that too.”
issue 27
Bulletin
25
Advertorial
LEADERS WHERE ARE YOU?
How to advertise this?
Redbad Klijnstra and Jacek Wisniewski are the founders of Robinson
Consulting. A Warsaw based consultancy group that specialises in tailormade coaching for executives, company owners, and top-level teams.
Redbad Klijnstra partner of Robinson Consulting: “During the closing
session of a coaching program for directors one of the participants said:
‘I don’t understand. I got something very concrete from you, in fact it
changed the way I look at my life, my managers, my company, but I cannot
come up with an idea on how to advertise this.’”
We don’t offer
comfort
“In the field of business
training, there is a lot of
competition. Personal
development coaching
is often seen as another
training of skills. While
looking for something more
sophisticated you may
enter the world of vague or
therapeutically concepts.”
“So, we don’t offer the usual
general or esoteric concepts
of personal development.
And we don’t offer a ‘how to
do’ toolbox.”
Leaders where are you!!
Working with executives and owners of companies we see three topics
repeatedly on the agenda:
How to keep the big picture of a project or organization in time and
space
How to see the stream of complex ‘soft’ processes
How to develop a pro-active mindset and competence
We make visible how your organisation
or project is the
long shadow of
your leadership
Redbad: “We coach people
on an individual basis as
well in executive leadership
programs like the Nyenrode
Entrepreneurial Leadership
Program for Poland.”
Why is it so
difficult to
explain our
approach?
“Because it is not about
management but about
leadership. It is about your
competence in creating a
vision, to have the courage
to break with comfortable
paradigms when necessary.
In addition, it’s to claim
responsibility for your
decisions whenever they are
good or wrong. It is the art of
leading people instead of following standard procedures.”
Never a dull moment
Instead we take you
out of the comfort zone
Jacek Wisniewski partner of Robinson Consulting: “We are known for the
results that our clients achieve. These may not always be the results you
would like; but it is always ‘hard evidence’ of whom you are as a leader
and how you influence people. If you can’t lead yourself, how could you
lead others? During our tailor made exercises, you will dig into your real
areas of concern in work & life. And that is only the beginning.”
26
Jacek: “We work with the issues that come up at the moment. Our
exercises are tailor-made. Our approach is rooted in modern social
science following the logic that both organisations and human beings
are living systems. They are complex, unique, unpredictable, and
subject to specific life cycles. We understand that logic and the
necessity for a crisis as a condition for renewal as well in your life and
your organisation are all important factors to consider in the future
development of your company.”’
www.robinsonconsulting.pl
[email protected]
issue 27
Bulletin
Advertorial
Why work with
Creative Solving
Group ?
1. We know how to deal with creativity and targeted innovation
It is a simple reality that no single method, however powerful, can function
effectively the same way for all situations or organisations. Too narrow a focus or
being unclear about the desired outcomes of creative techniques will also endanger
success. Based on our experience with over 1800 organisations we believe in successful
change initiatives by taking an integrated approach.
2. Our interventions are tailor-made
The approach we use for managing change and innovation is all-inclusive.
We start with measuring the actual situation (how ready is the organisation
regarding innovation and change?). Based on the situation we develop
a specific plan for intervening. This means that the intervention used is
depending on the actual situation and also takes into account the people
(different styles) and the desired outcome of the change and innovation
initiative.
3. The assessments and tools are based of scientific research
We are using several assessments like View and SOQ. View measures
problem-solving styles and is based on 15 years of research. The Situational
Outlook Questionnaire is a measure of organisational climate and measures
the 9 factors that are important for an organisation in order to facilitate
change and innovation. SOQ is based on 50 years of research. Both
View and SOQ are available in English, Dutch and Polish.
4. We have experience working with Polish managers and work
with Polish staff
We have been in close and intensive contact with Polish
managers within the context of the Nyenrode
Entrepreneurial Leadership Program we are
running in Poland. They all have experience
with View and SOQ and applied these
methods in their own companies.
We also work with a Polish staff
which enables us to facilitate
change processes in a more natural
way.
Column
CRISIS?
Don’t forget your customer!
“CRISIS? WHAT CRISIS?” is the title of one of the greatest albums made
ever… by Supertramp. This phrase says it all. On one hand, you cannot deny
the worldwide crisis; on the other hand, it gives us opportunities…. Which?
Many companies take the opportunity to clean out “old skeletons in the
closet”, get rid of old problems, history, non-functioning people, cutting
down costs, reorganising, refreshing the structures and processes, making it
cleaner, smoother, more efficient, even when a company is not really facing
problems yet, even then you see this cleaning up behaviour.
Logical? Yes, off course, this is the right moment! But, it has danger too,
without realising we shift our focus internally and forget our customers and
prospects. If you are a manager with guts, if you dare to swim against the flow
of the standard- mass-manager then you should act and invest anti-cyclic!
Now is the time, all your competitors are in fear of the crisis, they shifted
their focus to internal challenges like cleaning out old skeletons, cutting
down costs, etc.! So, now you step in! Shift your focus external! Get new
customers, let your sales people visit more prospects, let them do telephone
acquisition like in the old days when you were still sales! Invest in sales and
marketing, extend market share, find new customers, brainstorm to create
new markets, visit your competitors clients. I am sure your competitors forget
to visit their clients!
Crisis? What crisis? Finally!
It is the right time to expand
your business!
Remy Vermunt
Remy Vermunt is a commercial Trainer in the
Netherlands, expanding into Poland, he is
specialised in improving sales teams and
sales results.
CFO skills are key,
in navigating the downturn
In an economy under restraint like the current one, CFO’s are walking a tight rope. They are forced to
balance immediate concerns of cash flow management along with accurate forecasting and planning.
But some find in the downturn new opportunities.
Shock waves of the global downturn have been felt
by companies through Poland. Many companies
have adapted a crisis-planning mode and chief
financial officers are playing an important role in
navigating the current downdraft.
But they shouldn’t let their heads hang low.
Raimondo Eggink is an independent consultant for
financial market players and a supervisory board
member of Netia. Eggink’s first comment on the
crisis is that Poland really isn’t doing that bad at all.
“According to the official statistics, Poland isn’t yet
in a recession. There is still an economical growth
and that is not bad.” According to Eggink, in Poland
there is a strong risk that by talking about a crisis this
prophecy will fulfil itself. “The level of public debate
in Poland is quite low, so the risk that people are
parroting each other about a recession that does not
exist, is high and we should be careful for that.”
Receivables
As cash flow management is seen as one of the most important elements to
focus on in this period, for Marc Goudemont finance director central Europe
area at Moët Hennessy in Warsaw, managing the receivables is an important
part of his strategy. Goudemont controls the receivables by obtaining as much
information about his clients as possible. “The difference with a normal economy
is that now we want to know on a management level about the position and the
status of a client. This means that I have a much closer contact to the commercial
staff than under a normal situation.”
Since many companies extend their timeframes for payments, closely managing
receivables and putting clear boundaries for debts will reduce the risk of payment
defaults and delays. One of the things Goudemont has introduced in order to get
a better understanding of the clients’ position is to make regular trade visits to
his customers. Most clients are open and willing to share information about their
financial position. “My understanding and experience is that if you reveal some
information about your own financial position and about your own company and
are willing to make a discussion, then also the counterparty is willing to share
information from his part.”
As markets for commercial paper and auction rate securities dwindle, banks
become a critical source of credit. CFO’s now need to expand their relationships
with banks to secure their lines of credit as access to new bank loans diminishes
and more restrictive covenants become the norm. Eggink: “We used to have a
situation where banks were lined for their clients. This was a ridicule situation. I
think that it is totally normal when a company has to make some efforts to invest
in the relationship with its bank.”
In Poland, relatively large amount of companies have financed their business
activities with short-term credits. Eggink suggests that companies should
examine the conditions for these short-term credits and try to convert them into
credits with a longer running time. “Even under current circumstances, there are
some possibilities for that and I think it is worthwhile to make this step, even if this
costs you some extra money.”
Chances
Companies with the largest cash reserves and the lowest cost of capital will have
the flexibility to outstand their competitors. As we entered the downturn, many
“For companies
with strong
balance sheets
this is an ideal
time for strategic
acquisitions”
Marc Goudemont
Financial director
Moët Hennessy.
of the non –financial companies were in a good position. This represents unique
opportunities for well-positioned companies to consolidate.
One example is the takeover last year of Tele2 by Netia, Poland’s largest
alternative provider of fixed line telecom services. Eggink: “Due to the sale of its
stake in mobile carrier p4, Netia had money in the bank. The company has solid
credit lines with Rabobank and BGŻ, which made it possible for the company
to buy Tele2.” This acquisition has allowed revising its strategy, and therefore
the company promised the first profits during 2010 instead of 2011. Eggink: It
is a good example of a bad market situation that created possibilities for a solid
company like Netia to acquire a company with a weaker position on the market.”
Although it is a good time for strategic acquisitions, relatively low amounts of
companies have made any strategic moves so far. Goudemont: “I think that
many companies are hesitating to make these steps because they first want to
get their own financials in order and want to build up some trust in the forecasts
for the near future.
In previous downturns,
high performers took the
CFO Top internal concerns
countercyclical approach
to capital expenditures or
research and development
1. Cost and availability
and advertising. Goudemont
of nonfinance labour
thinks of this as a good
basic principle. “In my
2. Ability to forecast results
opinion still stand is decline,
3. cost of healthcare
and I think it is important
to continue to make those
4. supply chain risk
investments. But under the
5. data security
current circumstances I
am more critical about the
6. cost and availability of labour
quality and output of those
in accounting/finance
investments.”
While some companies
7. Auditing
clearly don’t see a choice
Source: Duke University
to cut their capital budgets,
doing so can risk a decline in
issue 27
Bulletin
29
current market share and the loss of future growth projects. Just when for instance
marketing costs where least expensive, companies that had enough money outspent
the competition, building strong positions for the day when the economy recovered.
The current downturn also provides a unique possibility to acquire qualified talent at
lower prices due to other companies that are forced to downsize.
Marc Goudemont thinks that this kind of investing under current times is all about
finding a healthy modus. “I think it is important to focus on quality. This always
ensures a healthy growth. You need strong and reliable partners for that who are
not easy to find. This is an important reason to continue with those investments
under the current times.”
CFO top external concerns
1.Consumer demand
2.Credit markets/interest rates
3.Housing market fall out
4.cost of fuel
5.cost of nonfuel commodities
6.financial regulation
7.currency devaluation
8.environmental regulation
9.international political stability
Source: Duke University
DHV POLSKA
“The risk that
people in Poland
are parroting each
other about a
recession that does
not exist is quite
high.” Raimondo
Eggink, independent
consultant at several
Polish companies.
Consultancy and Engineering
An independent consultancy and engineering design company in Poland
(a member of FIDIC)
Being part of the DHV Group
Has been providing services for public and private clients in the following elds:
- transport and infrastructure;
- water and environmental protection;
- building and industry.
The scope of services rendered by DHV POLSKA covers the following items: design
services in all stages of engineering, i.e.: studies, conceptual design study, basic
designs, nal designs; management and supervision of construction investments
(including international projects using FIDIC conditions of contract); execution of
economic analyses and feasibility studies; elaboration of technical and technological
specications; preparation of tender documents as per the requirements of
International Financing Institutions (Phare/ISPA, World Bank, EIB, EBRD), public
administration and commercial companies; preparation of environmental impact
assessments; provision of expert opinions and independent advice; technical
assistance to clients regarding procurement and tender organization.
DHV POLSKA Sp. z o.o.
41 Domaniewska Street
02-672 Warsaw, POLAND
tel. + 48 22 606 28 02
fax + 48 22 606 28 03
e-mail: [email protected]
www.dhv.pl
DHV POLSKA offers its customers the
highest class consultants, experts, specialists
and designers from various disciplines.
Gateway to solutions
Athlon Car Lease
offers on the Polish
market a unique tool
which allows you for
an on-line quotation
of all car brands and
an access to eet
reports.
The better
solution
•
... for all your
Car Fleet Management
needs
info@ athloncarlease.pl
www.athloncarlease.pl
+48 (022) 653 78 85
������
�������� ��������
�������� ���������
E
ureko is one of Europe’s leading financial
services Groups. Our Operating Companies
are market leaders in countries throughout
Europe, and include Achmea and
Interpolis in the Benelux and across
Europe, Friends First in Ireland and
Interamerican in Greece.
Eureko’s diversity and strong
market positions are key attributes
and our Operating Companies are
further enhanced by shared market
knowledge, distribution and product
skills. Our size and strength means
we can provide substantial benefits
economies of scale. We also recognise
that our competitive advantage lies in
tailoring local services to local needs,
respecting and leveraging the differences that
exist across Europe.
This unique philosophy had enabled Eureko to build
an exceptionally strong business which continues to grow
and enhance our position as a leading provider of financial
services throughout Europe.
��������������
������������ �����������������������������������������������������