We advised Gülermak on all aspects relating to winning a public procurement for the extension of the second metro line in Warsaw and represented the Client before the National Appeals Chamber. Jacek Kosiński was the leader of the project team.
The aim of the Section is to promote professional knowledge in the field of Bankruptcy and Restructuring Law among lawyers and attorney trainees of the Warsaw Chamber, as well as legislative activity.
We participated in the annual INSOL Europe Congress in Lisbon. Main issues discussed were restructuring and bankruptcy in Europe and the world. Our firm was represented by Przemysław Wierzbicki.
Jacek Kosiński was the speaker at the conference on “Difficult aspects of the construction investment processes“. The other topics included, among others, the issues of the amended Construction Law, the risks of the investments' future, and the current problems of construction contracts.
Przemysław Wierzbicki chaired the meeting of the Section for Insolvency and Restructuring Law in the District Bar Council. The topic was restructuring proceedings. Aleksandra Ziółkowska-Majkowska, who rules in the Regional Court for the Capital City in Warsaw in the Bankruptcy and Restructuring Department, was the special guest.
We advised Mikołaj Nawacki and Glastonbury Ventures Limited on the sale of Calypso Fitness S.A. to Benefit Systems S.A. Calypso Fitness Group is an operator of the largest network of fitness clubs in Poland. Krzysztof Łyszyk was the leader of the project team.
We participated in Property Forum 2016, during which REIT regulations, new opportunities connected with Brexit, and alternative investments were discussed.
We took part in the Shopping Centre Forum. The autumn edition of this event was focused on key challenges of the shopping mall industry. Trading and financing of investments were, among others, topics discussed during the conference
Michał Kurzyński and Jacek Kosiński were appointed as members of the experts group supporting the Public-Private Partnership at the Poland's Ministry of Development. Their role will consist developing a project of ‘Government Policy in the field of PPP’, as well as reviewing the regulations and proposing legislative amendments.
The British newspaper ‘Lawyer Monthly’ published an article on the acquisition of Dossche Poland by Cargill Poland. Michał Kurzyński was the leader of the project team.
We represented the consortium of companies in the dispute with a contractor. The dispute involved improper performance, faulty transfer of copyright, license and authorization for further modifications of the control systems. The total value of the parties' claims exceeded PLN40 million. Jacek Kosiński was the leader of the project team.
We were a partner of the 3rd National Scientific Conference ‘Consumer on the passenger railway transport’, organized by, among others: the Polish Foundation for Competition and Regulatory Regulation Ius Publicum, the Chair of European Economic Law of the University of Łódź and Poland's Office of Rail Transport. The processes taking place on the passenger railway transport were the main topic. Przemysław Wierzbicki took part in the panel ‘Regulations influence on the development of passenger railway transport'
We advised one of the biggest Polish developers, ROBYG S.A., in the acquisition of a real estate in Wola, a district of Warsaw. Part of the transaction was the acquisition of 99.74% of the share capital of the ‘TRANSBUD’ S.A.Technical Enterprise, operating in that real property. Przemysław Wierzbicki was the leader of the project team.
We represented TVN S.A. in connection with construction and real estate issues. Jacek Kosiński was the leader of the project team.
We signed an agreement with the Museum of Modern Art for providing legal advice in connection with investments, including advice on the construction of the temporary and final headquarters of the Museum.
We represented Gülermak in proceedings before the National Appeals Chamber in connection with a public tender for the extension of the western section of the second metro line in Warsaw. Jacek Kosiński was the leader of the project team.
We advised Omya, a Polish subsidiary of an international group producing and extracting industrial minerals, in connection with the launch of the chalk mine in the eastern Poland. Our works included, among others, support in administrative and judicial-administrative proceedings regarding the administrative decisions necessary to carry out extraction activities. Krzysztof Łyszyk and Wiktor Wesołowski were the leaders of the project team.
We represented Gülermak in the proceedings before the National Appeals Chamber (KIO) in connection with a public tender for ‘Construction of the second metro line in Warsaw - 1st stage of the western section from the Rondo Daszyńskiego station. The City of Warsaw chose Gülermak’s offer, but two competing consortia appealed. However, KIO dismissed all charges. Jacek Kosiński was the leader of the project team.
We have organized, in partnership with EPA WIND, the conference ‘Audit and sale of wind farm projects’. We talked about wind farm projects in terms of technology, legal and financial status. Jacek Kosinski, Monika Fajtysz and Małgorzata Bystrzonowska were the speakers.
We advised Fitness Academy Sp. z o.o. S.K.A, a fitness club operator from Wroclaw and a member of the Benefit Systems group, in the acquisition of Jupiter Sport. Krzysztof Łyszyk and Edyta Matysiak were the leaders of the project team.
We advised Cargill Poland Sp. z o.o., the world leader in the food industry, Cargill Inc., in a sale of one of the subsidiaries from the farming and animal husbandry sector. Michał Kurzyński was the leader of the project team.
We advised Calypso Fitness S.A., the biggest Polish fitness club operator, in connection with the bond issue. Krzysztof Łyszyk and Edyta Matysiak were the leaders of the project team.
We organized, together with Bank BZ WBK S.A., a seminary on ‘Real Estate Investments - Legal Issues and Bank Financing’. We presented our experience in legal and financial services for acquisitions and execution of real estate investments.
We advised the Government of the Republic of Turkey in connection with an acquisition of new headquarters of the Embassy of Turkey. The property was sold by the Real Estate Holding S.A. The office building on Rakowiecka Street was originally build in 1920s and refurbished. Jacek Kosiński was the leader of the project team.
We were the legal advisor to PSP, an organizer of a soccer match between Real Madrid FC and ACF Fiorentina, that took place at the National Stadium in Warsaw. Our work included negotiating contracts with these teams, as well as other organizational matters. Michał Kurzyński was the leader of the project team.
We represented the AMS and Ströer consortium before the Supreme Administrative Court (NSA) on the CAM cassation appeal. The appeal was a result of a decision made by the City of Warsaw in proceedings concerning the construction of 1580 bus shelters in Warsaw in the form of concession for construction works. The complaint was dismissed by the NSA, but the case has become a precedent, as it referred to the scope of court jurisdiction in complaints about the activities of the concessionaire. The consortium was represented by Jacek Kosiński.
For the third time in a row we have been recommended in the EMEA Legal 500 ranking. This year we have been recommended in the categories ‘Power and Natural Resources’ and ‘Real Estate and Construction Contracts’.
Jacek Kosiński was a lecturer during the fifth edition of postgraduate studies ‘Preparation and Management of PPP Projects’ organized by the Warsaw School of Economics (SGH). The lectures included implementation of PPP projects in the area of bus shelters construction and urban furniture.
Monika Fajtysz was one of the speakers on the conference: ‘A Polish & International Legal Perspective on New Critical Contracts / Legal Issues That Arise On Real Estate & Construction Projects (Based on FIDIC & Other Contracts)’.
We advised the ‘Polish Airports’ State Enterprise in connection with the process of commercialisation of Terminal 1 in Warsaw Chopin Airport areas. Michał Kurzyński and Krzysztof Łyszyk were the leaders of the project team.
Together with Jerzykowski i Wspolnicy (JiW) law firm we have represented a consortium of Porr, Gülemark oraz Energopol-Szczecin S.A. in a tender for the construction of a tunnel connecting two island, Uznam and Wolin, in Świnoujście (northwestern Poland). The value of the contract is almost PLN800mn (EUR190mn).
The contracting authority (City of Świnoujście represented by the General Director for National Roads and Motorways in Szczecin) awarded the contract to an Astaldi consortium. We pointed out that the winning offer, as well as the second one proposed by a Toto consortium, were incompatible with tender specifications.
Poland’s Public Procurement Office (KIO) confirmed our opinion and noted that the offers cannot be modified. This means that the contracting authority will have to reevaluate the offers and reject these that are incompatible with tender specifications.
Jacek Kosiński, Paweł Jadczak and Łukasz Goniak were the members of our team.
We have been honoured to co-host, together with the Polish National Chamber of Commerce, a debate on the planned new central airport and railway hub in Poland. Minister Mikołaj Wild, Government Plenipotentiary, and Michał Fijoł, member of the board of LOT Polish Airlines, presented details of this ambitious infrastructure project to commercial representatives of foreign embassies in Warsaw. In the debate we were represented by Krzysztof Łyszyk and Michał Kurzyński.
We advised ZA Polna SA in the delisting from the Warsaw Stock Exchange. Our work included advising ZA Polna SA on the call for shares announced by the majority shareholders, and representing the company before the Polish Financial Supervision Authority, the Warsaw Stock Exchange, as well as before the National Deposit of Securities.
Krzysztof Łyszyk and Mariusz Domagała were the leaders of the project.
Michał Kurzyński carried out a training on Public-Private Partnership issues for lawyers from Lesser Poland. Training was organized by the Regional Chamber of Legal Counsels.
360 legal counsels take part in the series of trainings. This was the third training done by Michał Kurzyński. During the workshop details of PPP agreement were discussed.
We are advising Lootena company in a PPP project that is a part of a revitalization plan in Łódź (central Poland). The aim of the project is to build multi-storey car parks. We appealed to Poland’s National Chamber of Appeal, as some of the actions undertaken by the City of Łódź were, in our opinion, questionable. During the arbitrage proceedings the City of Łódź accepted our claims. This means the next step of the project can begin – negotiations on economic, legal and technical matters.
Jacek Kosiński is the main adviser to Lootena.
Etanco Group is a European leader in construction fixing and fastening solutions, while Gbo Fastening Systems Poland offers the best construction fasteners and services. This was an international M&A transaction, with an acquisition of a company in Romania, as well.
KKLW services included due diligence, support in preparation of an acquisition agreement for a Polish part of the transaction, as well as post-transaction advisory. In Romania the legal advisor was PNSA law firm.
“With a plant of 15,000 sqm, we strengthen our industrial system and will increase our production capacity to better meet the growing demand of the construction industry on our core markets, i.e. France, Italy, Benelux, and also will allow us to develop our sales in the Eastern Europe,” said the President of Etanco Group, Ronan Lebraut.
“As Europe is recovering from the crisis the construction sector is booming. This transaction also shows foreign investors’ growing interest in acquisitions in Poland,” said Michał Kurzyński, KKLW Partner.
Michał Kurzyński and Mariusz Domagała were the leaders of the transaction team.
We participated in INSOL Congress that took place in Warsaw. INSOL Europe is the European organization of professionals who specialize in insolvency, business reconstruction and recovery. Przemysław Wierzbicki was a member of the technical committee, moderator and a participant of a panel on "Practical aspects of preventive restructuring in Poland and Germany".
In the court of the first instance we have won a unique proceeding against a tourist agency Itaka. We have represented Alara company that manages a network of luxury hotels in Mediterranean Sea Riviera. The litigation concerns a breach of contract for a long-term use of the hotels. One of the major dispute was which substantive law should be the base of the litigation. The court accepted our opinion that it should be a foreign substantive law, in this case the Turkish one. The court recognized our client's claims in full.
Jacek Kosiński and Paweł Jadczak were the leaders of the project team.
On July 28th, 2017 Poland’s government accepted the new Public-Private Partnership strategy. Jacek Kosiński and Michał Kurzyński are members of the Advisory Group to the Ministry of Development. The new PPP strategy aims to conclude 100 new public-private partnership agreements by 2020.
We advised Poland’s Ministry of Development during the analysis of PPP in Poland, as well as during the preparation of the new strategy, which also includes legislation changes. The new bill will implement changes in the real estate taxes and will allow an increase of parking fees in the city centers.
“As KKLW we have been engaged in PPP for years,” said Jacek Kosiński „by advising clients from private and public sector in several PPP projects, as well as by organizing conferences and workshops. I hope that government’s decision will promote PPP as one of the tools for investment projects,” he added.
“Polish market awaits the new legislation as it’s very interested in the PPP projects,” said Michał Kurzyński.
Poland's General Directorate for National Roads and Motorways (GDDKiA) in its Terms of Reference (ToR) for the design and construction of an S3 road (between Legnica and Lubawka in the southwestern Poland) proposed excessive conditions for potential contractors.
We represented a Turkish company Gülermak A.S and questioned these conditions, as they were too excessive for the work contracted and limited the number of potential contractors. GDDKiA agreed and accepted all our proposed changes to the ToR. This decision was also confirmed by Poland's National Appeals Chamber.
Jacek Kosiński and Wojciech Kowalczuk were the leaders of the project team.
On June 21st, the Polish Minister of Construction and Infrastructure Andrzej Adamczyk officially opened the construction site. The so-called “Part B” of the Warsaw bypass road will be built by a consortium of a Turkish construction firm Gϋlermak and a Polish one - Przedsiębiorstwo Budowy Dróg i Mostów (PBDiM). The value of the contract is EUR178.1 million.
Jacek Kosinski advised the consortium throughout the whole public procurement process and represented the companies in the proceeding before Poland’s Public Procurement Office (PPO). The result of the public tender was questioned by other participants but all PPO rulings were in favor of the consortium represented by KKLW.
The Part B of the Warsaw bypass road is 6.45 km long and its construction includes a construction of a Southern Bridge on the Vistula river.
Przemyslaw Wierzbicki participated in the conference ‘New Opportunity Policy - opportunities and problems of financing the companies in the restructuring’, organized by the Ministry of Development, the Allerhand Institute and the Association of Restructuring Practitioners in Poland.
Two legal counsels, Mariusz Domagała and Wojciech Kowalczuk, joined our firm.
Mariusz has many years of experience in civil, commercial and tax law. He has advised on several restructuring projects of companies and capital groups, as well as on mergers and acquisitions. He has also advised on tax optimization issues. Mariusz will be responsible for developing our corporate law and M&A practice.
Wojciech Kowalczuk specialises in real estate, transportation, civil and corporate law, as well as in disputes. He has many years of experience in providing legal services to owners and managers of shopping centres, office buildings and logistic centres. Wojciech will strengthen our real estate and infrastructure team.
Przemysław Wierzbicki as the President of the Section for Bankruptcy and Restructuring Law of the Warsaw Bar Association participated in the Restructuring Law Congress KongRes2017.
We are honoured to inform that the law firm Kurzyński Kosiński Łyszyk i Wspólnicy merged with the law firm Wierzbicki Adwokaci i Radcowie Prawni.
The combined law firm now operates under the business name Kurzyński Kosiński Łyszyk Wierzbicki (KKLW).
Due to the merger KKLW will provide a broader scope of services, including corporate law (M&A transactions and capital markets transactions), administrative law, public procurement law, restructuring and insolvency, real estate and construction, infrastructure, labour law, competition law and intellectual property law.
We have been recommended in the following areas for the sixth time in a row:
- Dispute resolution
- Energy and natural resources
- Public law
- Real estate and construction
Two partners – Jacek Kosiński and Krzysztof Łyszyk – have been recommended in the area of Public Law.
The Legal 500 rankings are based on the results of our research and the merits of the available evidence - law firms are ranked on merit alone.
He will strengthen KKLW’s project finance team, with the focus on infrastructure project finance.
Zbigniew Marek Czarny advises in debt restructuring, including negotiations with banks and other financial institutions, and represents Clients in court and public procurement proceedings, as well as arbitrage proceedings. Mr. Czarny is a member Warsaw Bar Association and the Law Society of England and Wales in London.
We participated in the 7th edition of the Internship and Job Fair for Law students. We presented our firm and encouraged students to apply for internships. We are offering 2-month, paid internship, which can be extended. We are looking for students sharing our values and who are ambitious, creative, innovative, responsible and hardworking.
We advised, in cooperation with the London branch of Hogan Lovells, on the sale of the shares in the company operating the A1 Motorway - Gdansk Transport Company S.A. (GTC S.A.), a part of the Intertoll group, an international road infrastructure developer and toll motorway operator. Michał Kurzyński and Jacek Choromański were the leaders of the project team.
We represented the consortium of AMS S.A. and Ströer Polska Sp. z o. o., which took part in the public procurement for a concession agreement for the construction and operation of 1580 bus shelters in Warsaw. The contract has been signed for 9 years. This was the first project of such a great value realized in the PPP scheme in Warsaw. Jacek Kosiński was the leader of the project team.
Krzysztof Łyszyk was recognized as the Rising Star Lawyers in the ranking organized by Dziennik Gazeta Prawna daily. He was ranked 13th among 30 emerging stars, highlighting, among other, that he is ‘a lawyer with an initiative that is not limited to well-defined and conservative solutions.’
We were the legal advisor to PSP, an organizer of a soccer match between FC Barcelona and Lechia Gdansk, that took place at the Ergo Arena Stadium in Gdansk. Our work included negotiating contracts with FC Barcelona, as well as other organizational matters. Michał Kurzyński was the leader of the project team.
We have finished the fourth edition of postgraduate studies ‘Preparation and Management of PPP Projects’ organized by the Warsaw School of Economics (SGH). Jacek Kosiński and Michał Kurzyński were lecturers. The lectures included, among others, organizational and legal aspects of PPP with case studies, as well as the implementation of PPP projects in the utilities sector and bus shelters.
For the second time in a row we have been recommended in the EMEA Legal 500 in the ‘Energy and Natural Resources’ category.
We were the partner of a conference ‘Competition on the natural gas market’ focused on the legal aspects of gas market liberalization in Poland. The new regulations, mainly the new Natural Gas Law, were the main issues discussed.
We advised ITI in connection with the sale of the Media Business Centre building. The building is located at Wiertnicza Street in Warsaw, and is the headquarters of a private television TVN. Jacek Kosiński was the leader of the project team.
As a part of PwC consortium we have just signed a framework contract with the Polish Agency for Enterprise Development for advice on the implementation of PPP projects.
We advised the Samsung C&T - Yenigun consortium in connection with the public tender for the construction of an oil terminal in Gdańsk.
We have been recommended in the EMEA Legal 500 in the category ‘Energy and Natural Resources’.
We were a partner of the Puls Biznesu daily special report on PPP in Poland, summarising the last three years of the PPP scheme.
We were a partner of the debate on the implementation of investment goals by PKP Polskie Linie Kolejowe S.A. Jacek Kosiński was the moderator. The legal and factual aspects of the application of various criteria for evaluating offers in tenders for the management of railway infrastructure were discussed.
We were a partner of the conference ‘Wrocław for Partnership - experiences, plans, prospects for cooperation. British-Polish PPP Forum’ organized by the British Polish Chamber of Commerce, City of Wrocław, Wrocław Agglomeration Development Agency and the British Embassy.
We were a partner of the 17th edition of the 'Grasz o Staż' students' competition organized by Gazeta Wyborcza and PwC. We were the founder of summer internships for distinguished students and law graduates.
Krzysztof Łyszyk represented ‘Polish Airports’ State Enterprise during IATA Aviation Fuel Forum in Paris. Together with Sebastian Gościniarek from BBSG consulting firm he presented a new model of aviation fuel supplies for the Warsaw Chopin Airport.
We were the co-organizer and partner of the workshop ‘Criteria of selecting the most advantageous offer’ prepared by the Construction Club for PKP PLK S.A . The workshops were part of series of events ‘Railway as the driving force of Poland's economy’.
We advised ‘Polish Airports’ State Enterprise during negotiations on the regulatory issues concerning introduction of new rules for access to the railway siding, that has been used to supply the PETROLOT fuel base and the Warsaw Chopin Airport in aviation fuel. Krzysztof Łyszyk and Michał Kurzyński were the leaders of the project team.
We became a local legal partner for TSE Consulting S.A., an international sports’ consulting company.
As part of our pro bono activities we have been a legal partner of the initiative ‘Active Local Government’ promoting healthy living and the development of sports’ infrastructure.