Contracts between Germany and Poland: which law and which court?

Roland Myca · November 13, 2026

A Dortmund business regularly orders components from a supplier in Poland. The purchase order refers to German purchasing terms and the order confirmation to Polish sales terms. If delivery is late, the first question is which terms formed part of the contract. I review the agreement, the correspondence and the sequence in which each party communicated its terms.

Governing law and jurisdiction

Under Article 3 of Rome I, a valid choice of law generally determines which law governs the contract. Without a choice, Article 4 generally refers a sale of goods to the law of the seller’s habitual residence. Exceptions, special types of contracts and mandatory provisions can change the result. The UN Convention on Contracts for the International Sale of Goods (CISG) can also apply to an international sale. Parties who want to exclude it should address that expressly in terms that fit the contract.

A jurisdiction agreement specifies where a dispute may be heard. Article 25 of Brussels I Recast sets its own requirements, including the form of the agreement and the legal relationship it covers. Without a valid agreement, the defendant’s domicile and the agreed place of delivery may be relevant.

Before signing

Set out governing law and jurisdiction in separate clauses. Check that both work with the delivery terms, contract language and standard terms. Agree which language version prevails and keep the accepted version, order confirmation and attachments together.

Rome I, Articles 3 and 4 · Brussels I Recast, Articles 4, 7 and 25 · CISG