Maciej Rzepka

In 2022, Maciej Rzepka acted as one of the counsels for one of Poland’s leading banks in Case C-64/21 Rigall before the Court of Justice of the European Union. The case concerned whether an agency agreement may lawfully exclude an agent’s commission on so-called indirect business—an issue of fundamental importance for the agency market across the European Union. Such commissions were commonly excluded under standard practice, and if deemed impermissible, principals would have faced a wave of claims from agents. Maciej Rzepka played a leading role in preparing the bank’s written observations—the sole procedural document submitted in the proceedings. The arguments presented were fully endorsed by the Court, which ruled, in line with the bank’s position, that the exclusion of such commissions is permissible.

Maciej Rzepka participated in two landmark proceedings that helped shape the case law in agency matters. According to this jurisprudence, an agent cannot demand in court that the principal provide a statement specifying the amount of commission due. Thanks to the arguments prepared with Maciej Rzepka’s leading involvement, the DJP client won the case, providing principals in Poland with greater clarity regarding the scope of their obligations toward agents. The Supreme Court rulings issued in these cases are now frequently cited in most commentaries on the Civil Code.

Maciej Rzepka is part of the team of lawyers representing one of Poland’s leading banks in disputes related to currency options and other derivative instruments. Thanks to thorough analysis of the facts and the law, and the ability to clearly present complex economic issues, the team with Maciej’s involvement has achieved favorable outcomes for the client in the majority of cases, despite recent case law trends that have shifted against banks.

In December 2022, the Court of Appeal in Warsaw concluded what is likely the longest civil dispute concerning an agency agreement in modern Polish history. After 20 years of proceedings, the claims of a former agent against his principal—a DJP client—were dismissed in 90% of cases. Maciej Rzepka was part of the team handling the case for the past nine years. During that time, he helped refine existing arguments and develop new ones, which together led to the client’s success: the agent’s claim for compensatory payment—previously awarded in an earlier judgment for several million zlotys—was entirely dismissed, and his remaining claims were significantly reduced.