PFR Loses in Court: Dismissal of Lawsuit for Subsidy Refund – Success of Marzena Obiedzińska-Wójcik
Can a branch of a foreign company sleep soundly after receiving a subsidy from the Financial Shield? Yes, provided it has compelling arguments that convince the court. Below are the details of our law firm’s victory in a dispute against the Polish Development Fund (PFR S.A.).At GSW Legal, we believe that when facing a state institution, mere knowledge of the regulations is often not enough. In case file no. XX GC 1041/25, the Regional Court in Warsaw dismissed PFR’s lawsuit against our client in its entirety. The judgment of November 28, 2025, serves as an important signal to businesses that challenging unjustified claims is well worth the effort.Success Led by Attorney Marzena Obiedzińska-WójcikThe author of this litigation success is Marzena Obiedzińska-Wójcik, legal counsel and Senior Associate at our law firm. On a daily basis, Marzena specialises in providing legal services to the IT and new tech sectors, utilising her innovative courtroom approach to effectively protect entrepreneurs’ interests."In disputes with institutions like PFR, it is crucial to demonstrate that the law cannot operate retroactively, and flaws in regulations cannot burden an entrepreneur acting in good faith. This ruling confirms that the principle of trust in the state still holds real power in commercial trade," comments Marzena Obiedzińska-Wójcik.What Was the Dispute About?PFR demanded that our client (a foreign company operating in Poland as a branch) return the subsidy disbursed under the "Financial Shield for SMEs" program. The Fund claimed that branches of foreign companies lacked legal capacity to participate in the program and accused the client of submitting a false declaration. This occurred despite PFR having previously verified the company itself and disbursed the funds.Why Did We Win?The Court fully agreed with the arguments prepared by our team:PFR Must Play Fair: The institution cannot back out of its announced rules that permitted foreign companies to participate.Flaws in Regulations Are Not the Client's Fault: Ambiguities in PFR’s documentation cannot penalise entrepreneurs who acted in trust of the fund's official communications.Disbursement Means Approval: Since the fund verified the client's eligibility before executing the transfer, it thereby confirmed the client’s eligibility.Debt Cancellation Ends the Matter: The decision to forgive the debt extinguishes the obligation, even if flaws were alleged in the application at a later stage.Facing Similar Issues with PFR Subsidies?If your business is facing a similar challenge, we offer support from Marzena and the entire team in the following areas:Claim analysis and realistic assessment of success chances.Swift response, including preparation of opposition to a payment order (sprzeciw od nakazu zapłaty).Representation before the court at every stage of the dispute.Have Questions Regarding PFR Subsidies?Find out how our non-standard approach can secure your company’s finances. We invite you to contact attorney Marzena Obiedzińska-Wójcik directly.