Last updated: 18.08.2026
The logistics industry, with particular emphasis on the rail transport sector, is one of the most critical and promising elements of economic infrastructure. Owing to geopolitical factors and its strategic location at the crossroads of major European transport corridors, including cross-border connections running west towards Germany and east towards the Ukrainian border, the Polish market serves as a key transit hub for the wider Central and Eastern European region.
Rail is also one of the lowest-emission motorised transport modes for moving both passengers and freight, particularly when compared with road transport. In 2025, Poland’s railways carried 438.97 million passengers – the highest annual figure in 30 years-demonstrating the scale and growing importance of the Polish railway market.
For any company, foreign investor or global logistics operator planning to launch or scale up operations in this sector, full compliance with the rigorous regulatory framework is an absolute prerequisite for conducting safe, stable and profitable business.
Operating in Poland’s railway sector requires compliance with both national law and the regulations governing international rail transport. Key issues include the structuring of contracts for the carriage of goods, liability for the maintenance of and damage to rolling stock, access to railway infrastructure, and the licences, certificates and authorisations required to commence operations.
What is Railway Transport Law in Poland?
From a systemic and business perspective, railway law constitutes a highly integrated and broad field of regulation. It defines the rules governing the physical movement of rolling stock on railway lines and other elements of the track infrastructure, the mechanisms for gaining access to the Polish railway network, technical standards for rolling stock, and the rules for contracting freight forwarding and transport services.
This scope encompasses both stringent provisions of administrative law (concerning, amongst other things, safety certification or the acquisition of market authorisations, including the railway operator’s licence) and an extremely broad range of civil and commercial law provisions.
In practice, the latter determine how a contract for the carriage of goods operates in commercial transactions and how the rules governing financial liability for supply chain delays, loss of cargo or damage to expensive means of transport are shaped.
Due to the specific nature of the operations – the carriage of cargo weighing thousands of tonnes, taking into account high infrastructural and environmental risks – rail transport is subject to advanced standardisation, aimed at guaranteeing the highest level of public safety.
Polish Law and International Rail Transport Regulations
Businesses operating in today’s market face the necessity of navigating an environment characterised by a multi-layered regulatory framework. This system requires proficiency in interpreting overlapping legal acts.
National railway law is based on the general provisions of the Polish Civil Code and on a dedicated act – the Transport Act. This Act regulates transport services provided for remuneration by authorised entities within the territory of the Republic of Poland. It establishes a firm framework for relations between the consignor, the Polish carrier and the consignee.
However, given that professional rail freight transport almost always involves a cross-border element, local regulations give way to international law.
The COTIF Convention (Convention concerning International Carriage by Rail) is of fundamental and overriding importance in this area. The sets of harmonised rules established under it standardise transport processes, the rules for the use of infrastructure and the movement of rolling stock within the territory of the member states.
How to Determine Which Railway Regulations Apply in Poland?
The result of this multi-tiered legal system is an absolute requirement to carry out an individual legal analysis for every incident or commercial project.
In the logistics sector, there is no single, universal mechanism for resolving disputes. Determining the applicable legal regime dictates the final limits of liability, the complaints procedure and the rules governing the taking of evidence.
A legal analysis in each case requires the event to be categorised on the basis of the following criteria:
- Territorial criterion: Is the transport service provided exclusively within the borders of a single country (which necessitates the application of national legislation), or does the route pass through the territory of several countries (which triggers the application of the relevant annexes to the COTIF Convention)?
- Criterion of the subject matter of the damage: What has been damaged? Damage to the cargo entrusted for carriage (e.g. coal, chemicals, equipment) triggers typical transportation regulations. By contrast, derailment and damage to the wagon itself (as a valuable means of transport) necessitates the application of technical standards and industry-specific agreements (GCU).
- Criterion of the type of cargo: In the case of operations involving high-risk materials, procedures are subject to mandatory, restrictive public safety regulations.
How to Structure a Contract for the Carriage of Goods by Rail
In commercial transactions, a contract for the carriage of goods is not an agreement in which the parties have complete freedom of negotiation. It is subject to significant restrictions arising from the nature of the legal provisions governing this sector of the economy.
Transport regulations are, to a large extent, of a semi-mandatory nature. In market practice, this means that national legislators and the drafters of international instruments have defined the minimum limits of the carrier’s obligations and liability.
The parties may not, in their contractual relations, modify these rules in a way that would diminish the rights of the customer (whether the consignor or the consignee).
Any clauses intended to exclude or unlawfully limit the carrier’s statutory liability for the consigned cargo are void as a matter of law. This regulatory framework aims to standardise logistics processes in mass transport, minimising contractual asymmetry between dominant network operators and market participants commissioning rail transport.
Carrier Liability for Goods Transported by Rail in Poland
The rules governing liability for the carriage of goods by rail differ radically depending on the territorial scope of the service provided.
Domestic Rail Transport – Liability Under Polish Law
Domestic rail transport is subject to the highly restrictive provisions of the Polish Transport Law. The logistics carrier assumes full liability for the loss, reduction in weight or damage to the cargo.
This liability is based on the principle of risk – the carrier is liable for the outcome and condition of the consignment regardless of whether the error resulted from its direct negligence.
Exemption from financial liability is possible only if the professional carrier proves that the damage was a direct consequence of one of the statutory grounds:
- Acts or omissions on the part of the consignor or consignee (e.g. incorrect positioning of the cargo’s centre of gravity on the loading platform by the loading company),
- The properties and nature of the goods themselves (e.g. natural moisture loss in aggregates, or corrosion resulting from physico-chemical properties),
- Force majeure, defined in legal doctrine as an external, sudden, unforeseeable and unavoidable event (e.g. natural disasters of an exceptional scale).
Cross-Border Rail Transport – Liability Under COTIF/CIM
Where a transport operation crosses the borders of Member States, national provisions are superseded by the harmonised provisions on contracts for the carriage of goods (more widely known by the acronym CIM), which form an integral part of the COTIF Convention.
The liability model is essentially consistent with the national system; however, the international provisions introduce a different definition of the grounds for exemption.
Rather than relying on the very narrow concept of ‘force majeure’, the convention allows the carrier to be exempted from paying compensation if it can demonstrate that the damage resulted from ‘circumstances which the carrier could not avoid and the consequences of which it could not prevent’.
Although demonstrating this condition requires proof that the utmost professional care was exercised, in judicial practice the concept of thus affords transport companies significantly broader scope for defence and mitigation of financial risk than is the case under Polish law.
When Does a Carrier’s Liability Begin and End in Poland?
Regardless of the legal regime, the principle of uninterrupted liability over time applies.
The transport operator bears full risk for the property entrusted to it from the precise moment of formal acceptance of the goods for carriage (confirmed by the relevant transport documentation) until the moment of their actual delivery to the consignee at the final unloading point.
Any incidents occurring within this timeframe are covered by the carrier’s insurance policy.
Can a Rail Transport Contract Limit the Carrier’s Liability?
It should be emphasised that any modification to the scope of liability is possible only to the benefit of the principal.
The carrier, exercising its contractual freedom, may, as part of building a competitive advantage, increase the statutory limits of compensation (e.g. by declaring a specific value of the consignment) or assume additional insurance risks.
However, under no circumstances is the carrier entitled to reduce its obligations below the threshold set by statute or the relevant annexes to the COTIF Convention.
Liability for Rail Transport Subcontractors
The complexity and scope of modern supply chains mean that it is common practice to entrust parts of a service to subcontractors (e.g. entities carrying out shunting operations at destination stations).
Both Polish railway law and COTIF protect the contracting party from the consequences of liability being spread across multiple companies.
The main contractor with whom the original contract was concluded bears full liability for the acts and omissions of its subcontractors, treating them as its own acts.
In the event of damage caused during a stage carried out by a subcontractor, both entities are jointly and severally liable to the aggrieved customer. Internal settlements and recourse claims between cooperating carriers constitute a separate legal issue governed by partnership agreements.
Claims and Compensation in Rail Freight Transport – Poland 2026
An analysis of financial risk in the freight forwarding and investment sectors requires consideration of strict liability limits.
The method of assessing damage and the permissible claim limits differ radically depending on which legal regime governs rail transport.
Compensation Under the Polish Carriage of Goods Regime
- In the event of loss or damage to cargo
Compensation is strictly limited to the market value of the goods themselves. This amount is usually determined on the basis of the price stated in the supplier’s invoice, or alternatively the price list in force on the date of dispatch.
The structure of domestic law categorically excludes the possibility of claiming compensation for lost profits (lucrum cessans) – that is, the profits which the trader would have made had the goods reached them and been sold at a mark-up.
An exception to this rule – which opens the way to full compensation – is where the injured party proves in court that the loss is the result of the carrier’s wilful misconduct or gross negligence (e.g. a flagrant disregard for safety procedures).
- In the event of a delay:
If the cargo is delivered in a physically undamaged condition but this occurs after the deadline specified in the schedule, compensation for financial loss caused by the delay itself (e.g. downtime on the consignee’s production line) is drastically reduced.
Compensation in this respect may not exceed twice the amount of the carriage charge (i.e. the freight charge levied by the carrier).
Compensation Under COTIF/CIM in International Rail Transport
In international transport, the calculation of claims is detached from the actual market value of the goods and is based on the weight of the consignment.
This mechanism is designed to limit macroeconomic risk for global operators, protecting them from bankruptcy in the event of the destruction of consignments that are small in volume but extremely expensive.
- Compensation limit (SDR): In the event of loss or damage to goods in cross-border transport, the COTIF convention limits apply. The maximum liability is 17 IMF Special Drawing Rights (SDRs) for each missing kilogram of gross weight of the damaged goods.
- Business implications: Assuming stable exchange rates in 2026, the equivalent of 17 SDRs ranges between 90 and 100 PLN per kilogram. This constitutes a highly effective protective mechanism for carriers transporting high-value equipment (e.g. electronics, machine components). To avoid losses, shippers of such goods must incur additional costs and implement separate safeguards, such as declaring the declared value on the consignment note or taking out commercial cargo insurance.
Rolling Stock Safety and Liability for Freight Wagons
The management of technical risk and fleet operations constitutes one of the most extensive and complex areas of legal specialisation in the logistics sector, with its own regulatory framework.
Damage to Rolling Stock vs Damage to Transported Goods
It is important to emphasise a fundamental distinction: strictly speaking, a freight wagon is not classified as ‘goods’ but as a separate means of transport.
A consequence of this distinction is that technical damage to wagons, failures of their running gear or buffers, or frame fractures are not subject to the regulations set out in the Transport Law or the CIM regulations.
Relationships concerning liability for rolling stock worth millions of zlotys are governed by entirely separate contractual systems, which define the mutual rights and obligations between the owner/operator of the wagon (the ‘Keeper’) and the Transport Undertaking (KPP) using the vehicle in question on its train.
Liability for Wagons Under COTIF/CUV
For cross-border services, the basic principles governing the use of rolling stock as a means of transport are laid down in the Uniform Rules concerning the Contract of Use of Rolling Stock (Annex CUV to the COTIF Convention).
- Liability: The carrier in charge of a wagon bears strict financial liability in the event of its destruction, collision or loss. This obligation covers the uninterrupted period from the moment of formal and technical takeover of the vehicle into its care until its return at the destination station.
- Exemption from liability: This system is based on a presumption of the carrier’s fault. The KPP is exempt from payment for damaged rolling stock only if it can provide irrefutable proof of the absence of its own fault. The carrier must prove that the failure was the result of circumstances that were impossible to foresee or prevent, for example by demonstrating a design fault in the equipment or by proving that the owner was at fault due to gross negligence in the prior maintenance process.
GCU/AVV as the European Standard for Freight Wagon Use
Operational practice in the liberalised European freight transport sector is based, for the most part, on an integrated multilateral mechanism which standardises maintenance, servicing and claims settlement procedures.
What is the General Contract for the Use of Freight Wagons?
The General Contract for the Use of Freight Wagons (GCU, from the German AVV) is a widely used legal and commercial consensus bringing together thousands of rolling stock owners and operators.
Joining the GCU system, which is centrally coordinated via specialised databases (e.g. the GCU Broker system), completely eliminates the need to negotiate bilateral agreements each time a wagon is transferred between different railway companies in Europe.
This standardises technical requirements and establishes a uniform liability regime across the entire market.
Presumed Fault and Carrier Liability for Wagon Damage
Under the terms of this general industry agreement, the carrier (KPP) in operational possession of a wagon is liable to its owner for any damage to or loss of the vehicle.
The regime operates on the fundamental principle of the presumption of fault. The user bears the burden of proving that they were not at fault.
The KPP will be exempt from liability for damages only if it can unequivocally demonstrate that the damage was not the result of its operational errors, but occurred due to the fault of a third party or as a result of evident maintenance negligence on the part of the entity responsible for the wagon’s maintenance on behalf of the owner.
Emergency Wagon Repairs Without the Owner’s Prior Approval
Railway wagons operate under time pressure, and breakdowns (e.g. wear and tear of brake blocks, faults in draw gear) paralyse the network’s capacity.
To minimise downtime, industry regulations (along with their rigorous technical annexes and fault catalogues) grant KPP a unique commercial authority.
The operator using the wagon has the right, and often a logistical obligation, to commission minor repair work independently to certified external contractors without the need to obtain prior approval or consent from the vehicle owner.
The application of this procedure is subject to certain conditions: the intervention must restore the wagon to the necessary condition of commercial fitness and safety, and its cost must not exceed a threshold defined in advance in the tables.
This drastically shortens decision-making processes from several days to a few hours and optimises operational continuity. If the repair costs exceed EUR 850, the keeper must approve the cost estimate within a strict deadline of two working days.
Loss or Total Destruction of Rolling Stock
Multi-million investments in rolling stock require clear procedures for handling claims.
If the KPP fails to deliver a wagon or indicate its location within three months of a formal request for a search (excluding documented stoppages for technical reasons), the wagon is legally deemed lost, which paves the way for claims.
In the event of total destruction of a vehicle following a collision or derailment, to prevent protracted disputes before arbitration, the market-standard GCU/AVV contract standardises the calculation of compensation using dedicated analytical annexes.
Transport of Dangerous Goods by Rail – RID Requirements in Poland
The logistics of specific raw materials – ranging from petrochemical products and acids to liquefied gases – require commercial processes to be fully aligned with the strictest public safety and environmental protection standards.
What Obligations Does RID Impose on Rail Operators?
Where the carriage of goods by rail involves substances classified as dangerous, the provisions of civil law on transport are subject to the restrictions set out in the International RID Regulations, which have the status of a separate annex to the Convention on the International Carriage of Goods by Rail (COTIF).
These regulations constitute peremptory norms (ius cogens) and completely preclude the possibility of granting mitigating derogations under commercial contracts.
They implement rigorous construction and certification procedures for tankers, specify specific methods for measuring and closing valves, require error-free, visible hazard coding (vehicle warning markings), and make trade conditional upon staff holding advanced qualifications.
This process requires constant supervision by external or internal, licensed safety advisers (DGSA).
Breaches of the RID regulations, such as even the slightest leaks whilst stationary or inaccuracies in the consignment documentation, result in trains being immediately taken out of service and entail the risk of the state’s supervisory authorities imposing heavy administrative and criminal sanctions on carriers and shippers.
Access to Railway Infrastructure in Poland
From a legal perspective, even the most modern rolling stock will remain unusable without obtaining legal, documented and paid-for access to the state-owned railway infrastructure, network and terminals.
The Polish Railway Network and the Role of the Infrastructure Manager
The structure of the Polish market is characterised by a strongly defined, dualistic model. On the one hand, transport operations (train operations) are subject to free competition and privatisation.
On the one hand, transport operations, including train operations, are subject to free competition and privatisation. On the other hand, however, the management of railway infrastructure and railway lines in Poland has so far been monopolistic in nature.
The historically dominant state-owned entity controls the vast majority of the Polish railway network and traffic control systems. This arrangement creates a structural asymmetry between transport operators and the infrastructure manager.
For this reason, the process of allocating capacity (i.e. train paths and timetables), as well as the calculation and approval of access charge schedules, are closely scrutinised and supervised by a central administrative body – the Railway Transport Office (UTK). The body’s remit is to prevent discriminatory practices against private and foreign railway undertakings.
International Access to Railway Infrastructure Under COTIF/CUI
The use of infrastructure for international trains is governed by the harmonised provisions of the Convention on the Use of Infrastructure (CUI), which forms part of the COTIF convention system.
These provisions establish a framework of mutual liability between operators managing foreign networks and Polish carriers.
According to the guidelines, the infrastructure manager bears civil liability for material losses incurred by the railway undertaking as a result of maintenance defects on its own network (e.g. faults in signalling equipment, broken rails).
Conversely, the carrier is fully liable for covering the costs – which can sometimes be exorbitantly high – of damage to track components, overhead lines or platforms, if such damage resulted from a breakdown, fire or technical non-compliance of the rolling stock it operates whilst the train is in motion.
The Railway Transport Act and Access to Service Infrastructure
In Poland, the basic national regulatory framework and the structure of relations between the carrier, the infrastructure manager and the state are set out in the Railway Transport Act.
It provides the key basis for the implementation of EU railway packages and directives, defines the structure of supervisory bodies, the operating principles of infrastructure security services, and the requirements for providing access to so-called service infrastructure (siding tracks, unloading bays, parking stations), which is essential for first- and last-mile transport.
Railway Operator Licences and Safety Certificates in Poland
Launching rail logistics services is hampered by significant barriers to entry and verification procedures designed to weed out operators unable to bear the enormous risks involved.
The key document authorising business operations is the rail operator’s licence, which is issued following a detailed audit.
To meet the requirements of the national regulator, an investor or a limited company must fulfil stringent conditions:
- provide guarantees of financial capacity resilient to market turbulence;
- demonstrate that the management board has an impeccable reputation;
- document that it possesses the appropriate professional competence structures.
Furthermore, the actual operation of rolling stock – that is, the deployment of locomotives on the public network – is subject to an additional certificate, which is difficult and time-consuming to obtain.
A state authority issues this following a rigorous verification of the company’s own Safety Management Systems (SMS), which the company must first implement and integrate across every role within the organisation.
Only once a company has obtained a market licence, appropriate insurance policies and technical operating certificates is it legally permitted to carry out its intended transport operations.
Opening of the railway market in Poland in 2030
The year 2030 marks a turning point for the structure of passenger rail transport in Poland, forcing a shift away from the existing model based on the direct award of public service contracts (so-called PSC contracts) towards mandatory competitive tendering procedures.
However, the process of this full liberalisation and the opening of the market to commercial operators and foreign entities is not an autonomous decision by the national legislature, but a direct consequence of the implementation of European Union law, which aims to create a Single European Railway Area.
The main regulatory framework for these changes is formed by the so-called ‘market pillar’ of the Fourth Railway Package, and in particular Regulation (EU) 2016/2338 of 14 December 2016, which introduced the EU principle that public service contracts for rail transport must, as a rule, be awarded through transparent and competitive tendering procedures.
The market framework at EU level is complemented by rules guaranteeing a level playing field for new entrants, as set out in Article 13 of Directive 2012/34/EU of the European Parliament and of the Council, which imposes an obligation on infrastructure managers and service operators to ensure non-discriminatory access to passenger stations, stabling tracks and technical facilities, which is crucial for effectively dismantling the monopolistic position of existing market leaders.
Article 8(2a) of Regulation 1370/2007 is of key importance for setting the deadline of 2030, as it stipulates that the direct award of PSC contracts was permissible until 24 December 2023 at the latest.
As the Polish Ministry of Infrastructure signed a 10-year framework agreement with PKP Intercity in December 2020, its legally binding expiry date falls precisely in December 2030.
After this fixed deadline, any subsequent public service contract on these routes will have to be awarded through an open tender process.
This will represent a remarkable transformation of the passenger rail market and open up opportunities for foreign investors and companies offering rail transport services. For these entities, the Polish market may become one of the most attractive areas for expansion in Central and Eastern Europe.
Consequently, it is crucial for these entities to undertake preparatory measures well in advance – so that, by the time the tender procedures are announced, they are fully operational and have the necessary rolling stock at their disposal.
At the same time, a prerequisite for success and a safe entry into the Polish market is a thorough and early understanding of current national regulations and the specific procedural , which will help avoid the risk of breaching the law and ensure full compliance with the requirements of the national regulator.
Development of the Integrated Railway Network in Poland
Alongside the liberalisation of tender procedures, a fundamental challenge and a key feature of the new market reality is the implementation of the project to build an Integrated Rail Network in Poland.
This initiative aims to integrate the traditional infrastructure with the emerging High-Speed Rail (HSR) lines, both technologically and functionally, into a single, coherent transport system.
Under the long-term Integrated Railway Network programme, Poland plans to develop approximately 4,700 km of new railway lines by 2050, including around 2,700 km of high-speed rail. The programme aims to connect the country’s largest metropolitan areas with Warsaw within 100 minutes and enable cross-country rail journeys in approximately three hours.
For foreign operators, this means having to adapt their rolling stock and operational systems to the advanced standards of the new network, which, on the one hand, raises the technological bar, but on the other, opens up access to modern, high-capacity infrastructure and may enable new domestic and cross-border connections.
These changes, combined with the EU guarantees of access to technical infrastructure under Article 13 of Directive 2012/34/EU, are directly reflected both in the national provisions of the Act of 28 March 2003 on rail transport, which regulate the powers of the President of the UTK, and in government strategic documents, such as the Strategy for Sustainable Transport Development until 2030 (SRT2030).
The continuing development and integration of the network will therefore remain an important factor for operators assessing long-term investment opportunities in Poland.
Legal Support for Railway, Transport and Logistics Companies in Poland
The regulatory environment described in detail in this guide requires managers and market participants to navigate the maze of administrative and civil law requirements with consummate skill.
Highly formalised railway law leaves no room for procedural deviations, and gaps in knowledge of convention-based regulations and rolling stock settlements may result in financial burdens that threaten the liquidity of any investor.
The team at Dudkowiak & Putyra safeguards capital interests by providing litigation and advisory services in matters relating to freight claims, complex rolling stock recourse claims based on GCU/AVV agreements, and multi-stage representation of companies in administrative and licensing proceedings before supervisory authorities.
Contact our team of transport experts: Send your enquiry directly to: [email protected]
