The Transport Sector in Poland - Scale of the Crisis and Its Legal Consequences
The Polish road transport sector, until recently regarded as a European leader and one of the pillars of the national economy, has entered a phase of serious crisis. According to the latest report by the Polish Economic Institute, entitled "The Transport Sector Facing Cost Pressure and Decarbonisation”, the business model based on low operating costs and organisational flexibility is running out of steam. In 2025 alone, 1,327 businesses disappeared from the international road transport market, and in the first quarter of 2026 a further 1,234 firms ceased trading.
Such a dramatic wave of closures carries serious legal consequences - both for the carriers themselves and for their contractors, employees and creditors. The EFL Barometer sentiment index for the TSL (transport, shipping and logistics) sector has reached its lowest level since the end of 2020, and only 2.5% of firms expect the situation to improve. In these circumstances, appropriate legal protection and conscious management of regulatory risk become crucial.
For business owners operating in the transport sector, knowledge of current regulations, the ability to restructure liabilities and preparation for upcoming regulatory changes can make the difference between survival and liquidation of the company. Below we discuss the most important legal aspects of the current crisis.
Rising Costs and Debt - How to Protect a Transport Company from Insolvency
Fluctuations in fuel prices, driven by geopolitical tensions, are one of the biggest financial burdens for carriers. Problems with financial liquidity translate directly into growing debt in the sector. Data from the National Debt Register (Krajowy Rejestr Długów) indicate that the largest unpaid liability in the transport sector exceeded PLN 8 million and related to arrears for fuel.
From a legal perspective, a business owner struggling with financial problems should first consider the protective instruments available. Polish law provides for several courses of action:
- Restructuring proceedings - allow an arrangement to be concluded with creditors and bankruptcy to be avoided, while protecting the company's assets from enforcement.
- Simplified proceedings for approval of an arrangement - a fast procedure, particularly useful for smaller carriers.
- Renegotiation of commercial contracts - in the event of an extraordinary change of circumstances (Article 357¹ of the Civil Code, the rebus sic stantibus clause), the terms of a contract can be adjusted by the court.
- Timely filing of a bankruptcy petition - in the case of permanent insolvency, in order to avoid the personal liability of management board members arising under Article 299 of the Commercial Companies Code.
It is essential not to delay taking legal action. Exceeding the 30-day deadline for filing a bankruptcy petition from the moment insolvency arises exposes the management board to personal liability for the company's obligations, as well as to potential criminal liability under Article 586 of the Commercial Companies Code (KSH).
Driver Shortage - Legal Challenges in Recruitment and Employment
The chronic shortage of professional drivers is a problem that has deepened dramatically since 2022. The inflow of workers from Ukraine, which had previously eased the staffing deficit, has practically stopped. According to the International Road Transport Union (IRU), the number of unfilled lorry driver positions in Europe rose from 233,000 in 2023 to 426,000 a year later, and by 2028 it may exceed 745,000.
Growing pay pressure is forcing carriers to look for drivers from non-EU countries - the Philippines, India or Central Asian states. However, this type of recruitment involves complex legal requirements. The employer must ensure a valid work permit, legalisation of residence, recognition of professional qualifications and compliance with the Mobility Package rules on drivers' working time and posting.
Irregularities in the employment of foreign nationals can result in severe sanctions - from administrative penalties imposed by the National Labour Inspectorate (PIP) and the Border Guard, through withdrawal of the transport licence, to criminal liability of the employer. Therefore, every transport company recruiting foreign workers should use professional legal advice on immigration law and employment law.
The Mobility Package - Employer Obligations
It is worth stressing that the EU Mobility Package has imposed a number of obligations on carriers concerning the posting of drivers, the settlement of per diems and accommodation allowances, and the mandatory return of the vehicle to its base every eight weeks. Breaching these rules risks penalties from the transport inspectorates of EU member states, which further burdens the budgets of firms already under financial threat.
The ETS2 System and Decarbonisation - New Regulations, New Legal Risks
Polish carriers are increasingly burdened by the requirements of European Union climate policy. The greatest concern is caused by the planned ETS2 system (EU Emissions Trading System 2), which will cover CO₂ emissions from road transport. In practice, this means additional costs in the form of fees for emission allowances, which will be passed on to fuel prices.
The problem is particularly acute for the Polish sector because - as the European Automobile Manufacturers' Association (ACEA) points out - as many as 98.6% of lorries registered in Poland are powered by diesel engines. The share of zero-emission vehicles remains marginal, which means that transition costs will be disproportionately high compared with carriers from Western European countries, which have more modern fleets.
From a legal point of view, transport business owners should already be analysing the impact of ETS2 on the profitability of long-term contracts and introducing appropriate indexation clauses into their agreements. The lack of such safeguards may result in orders being carried out below cost, which accelerates the path to insolvency. A law firm can help prepare template contracts that include fuel and emissions clauses, as well as with negotiations with contractors.
Competition from Outside the EU - Unfair Practices and Legal Protection
Additional pressure on Polish carriers comes from transport companies from outside the European Union, primarily from Ukraine, Turkey and Serbia. Following the change in trade routes in 2022, Ukrainian carriers significantly increased their presence on the European market, offering services as much as 25-30% cheaper than their EU competitors.
This price difference results largely from the fact that non-EU carriers are not subject to all the regulations that apply to EU operators - from emission standards, through Mobility Package rules, to social standards and requirements on drivers' working time. Polish carriers rightly see this situation as a breach of the principles of fair competition.
However, there are legal instruments that allow the interests of Polish firms to be defended. Industry organisations can lodge complaints with the European Commission concerning irregularities in the application of liberalisation agreements. Individual carriers, in turn, can report cases of illegal cabotage to the Road Transport Inspectorate. It is also worth monitoring legislative work on tightening the rules of access to the EU market for carriers from third countries.
What Can Carriers Do Now?
A proactive approach to legal protection is crucial. We recommend the following steps:
- A legal audit of commercial contracts with regard to indexation clauses and payment safeguards.
- Verification that procedures for employing foreign nationals comply with current regulations.
- Analysis of the impact of ETS2 on cost structure and contract profitability.
- Preparation of a restructuring strategy in case of deteriorating financial liquidity.
- Monitoring of regulatory changes at national and EU level.
Need Legal Support for Your Transport Company? Contact Us
The crisis in the transport sector calls for quick and well-considered legal decisions. Whether your company is struggling with financial problems, needs support with restructuring of liabilities or with employing drivers from abroad, or needs to adapt its contracts to new regulatory requirements - our firm is ready to help.
We specialise in providing legal services to transport companies and understand the specifics of this sector very well. Contact us today to arrange a consultation and work together on a strategy to protect your business in these difficult times. Do not wait until legal problems get out of control - act proactively.
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