We would like to thank all panelists, speakers and participants of this year's Trade Finance Congress. As a Partner of the event, we had the pleasure of organizing a panel discussion on "Foreign Trade Optimization: Choosing the Best Trade Finance Tools for Polish Companies". Special thanks go to the Organizer of the event CEETA company. See you at the next fascinating industry events!
On October 19, 2023, the Supreme Court resolved the legal issue presented by the Court of Appeals in Katowice in its order of November 4, 2022, file V ACa 350/21, which reads: "In a lawsuit against a bank to determine the invalidity of a loan agreement, is it necessary for all borrowers to participate on the plaintiff's side?". As a result, the Supreme Court adopted a resolution (ref. III CZP 12/23) in which it stated that: "in a case against a bank to determine the invalidity of a credit agreement, there is no necessary co-participation of all borrowers on the part of the plaintiff."
The position of the Supreme Court should be criticized as being in contrast to the current case law of the CJEU (judgments C-260/18, C-19/20). The Court has repeatedly emphasized that the national court, when ruling on the invalidity of a credit agreement, should take into account the actual interest of the consumer, and for this assessment, the will expressed by the consumer in this regard should be decisive. The Supreme Court's acceptance of the position that a judgment establishing the invalidity of a credit agreement (Article 189 of the Code of Civil Procedure) may be issued on the basis of a request from one or more borrowers may result in a violation of the fundamental objectives of Directive 93/13, and that is by depriving the other borrowers of the right to express an informed decision as to whether to accept the consequences of the declaration of invalidity of the credit agreement. It also remains to be considered whether such "incomplete" consent can result in the exit from the state of so-called suspended ineffectiveness (Resolution of the Supreme Court III CZP/6/21). However, the most serious effect of Resolution III CZP 12/23 may be a situation in which a borrower who is not a party to the dispute over the determination of invalidity will be the addressee of the Bank's restitution claim as a beneficiary of the undue benefit in the form of the loan principal paid.
The law firm KKLW successfully represented one of the leading banks in a legally interesting dispute (legally concluded in June 2023) over the removal of discrepancies between the legal status of the real estate disclosed in the land and mortgage register and the actual legal status.The case was distinguished by the complexity of the facts, the multiplicity of legal issues and the significant value of the subject matter of the dispute (a total of nearly 36 million zlotys, with nearly 6.5 million zlotys as far as the law firm's client was directly concerned). One of the motives for the dismissal of the lawsuit in its entirety against all defendants was the argument, shared by the courts of both instances and formulated by the Law Firm, as to the possibility of adopting the sanction of absolute nullity of the agreement in the case of the disposition of real estate, which was not preceded by a mandatory bidding procedure (Article 37 of the Law on Real Estate Management). On behalf of the Law Firm, the case was handled by senior associate Mateusz Grzyb.
The law firm KKLW advised the company GOBARTO S.A., part of the CEDROB capital group, a leader in the Polish meat market, in the process of purchasing 100% of shares in the companies Al Ba Podlaskie Centrum Mięsne sp. z o.o. and Franko Dystrybucja sp. z o.o. Partner Michał Kurzyński and associate Wiktor Kulewicz advised on the transaction. In the antitrust merger proceedings, GOBARTO S.A. was represented by associate Wiktor Kulewicz on behalf of the Firm before the President of the Office of Competition and Consumer Protection. We would like to thank the team of GOBARTO S.A., led by Vice President Karol Ludwiński and attorney Maciej Jankowski, as well as the advisors to the selling party from Kancelaria Radców Prawnych Bieluk i Partnerzy for fruitful cooperation. We congratulate both parties on the successful transaction.
On September 22, 2023, regulations introducing important changes in labor law disputes came into force. Among other things, the new regulation provides for the possibility of the court to grant security in cases brought by a particularly protected employee (e.g., a pregnant woman, an employee taking parental or parental leave, an employee of pre-retirement age, a member of a trade union organization) by ordering the employer to continue employing the employee until the proceedings for recognition of termination of the employment relationship as ineffective or for reinstatement to work have become final. Importantly, the new provisions will apply not only to new, but also to pending court proceedings. The basis for granting collateral is to be only the probability of the existence of a claim by the employee, and the decision will be enforceable through execution. The court will be able to refuse to grant security only if the claim is obviously unfounded, which significantly limits the court's decision-making power. The employer will be able to demand that the order granting security be rescinded only if he demonstrates that, after the security was granted, the grounds for termination of the employment contract without notice through the fault of the employee existed. The new regulations will have momentous consequences for employers - in large cities, it can take up to several years for a case to be finally resolved by a court, and the amendment does not provide any compensation for an employer forced to continue employing an employee if the court ultimately decides that the dismissal was justified. Employers should therefore approach the dismissal of employees subject to special protection with greater caution and adequately prepare for the termination of the contract and the possible trial in order to protect their interests to the fullest extent possible.
As a result of the cooperation between the Polish Construction Employers' Association and the General Directorate for National Roads and Motorways, a model statement on the EU sanction regulations related to the war situation in Ukraine has been developed, which will be required of contractors and cooperating entities. As part of the modification of the statement, all references to Article 5l have been removed. The editorial changes made are also intended to clarify issues related to Article 5k, particularly with regard to the setting of the 10% limit. We are pleased to have been able to actively participate in the development of the model statements. We warmly encourage you to familiarize yourself with the changes.
Lawyers at KKLW successfully led to the winning of a court case in which they represented a leading insurance company. We are pleased with another success in an insurance guarantee dispute! The verdict confirms the Firm's strong practice in representing clients in bank and insurance guarantee cases. On behalf of the Firm, the case was handled by counsel Marta Ewiak - Kawecka.
KKLW has been selected by the prestigious organisation Chambers and Partners to prepare a publication on the legal regulations applicable in Poland regarding the medical use of cannabis and cannabinoids. This year's Chambers Medical Cannabis Global Practice Guide is addressed primarily to foreign entities and lawyers who deal with the abovementioned regulations on a daily basis and would like to know what the issue looks like in Poland. The guide on Polish regulations has been prepared by partner Michal Kurzynski and Monika Duszyńska of counsel. We are pleased that Chambers and Partners appreciated our experience and entrusted us with the preparation of the publication. The entire material is available at Chambers and Partners.
The law firm KKLW advised the shareholders of JMB Wind Engineering, a European leader among manufacturers of PET foam and balsa wind turbine wing parts, on the sale of the remaining stake in JMB Wind Engineering to a subsidiary of Schweiter Technologies AG, a Swiss group focused on the production of composite materials and solutions. Based on the transaction, in continuation of its previous phase, on which we also had the opportunity to advise, the buyer ultimately acquired 100% of the shares in JMB Wind Engineering. JMB has operations in three countries - Poland, Portugal and Brazil. In Poland alone, the company employs nearly 400 people, at two production facilities near Szczecin. In 2022, the company achieved a turnover of more than PLN 315 million. From the Firm's side, partner Przemysław Wierzbicki and senior associate Maciej Marczewski advised on the transaction.
It is with great satisfaction that we announce that KKLW law firm and partner Przemyslaw Wierzbicki have been recognized in 3 categories of the Ranking - Division I: Restructuring and Insolvency, Judicial Dispute Resolution and Arbitration, Public Procurement Law. The 21st edition of the Rzeczpospolita Ranking of Law Firms was a record-breaking event, as as many as 335 law firms took part, so the satisfaction and pride in the distinctions is even greater. We would like to thank our clients for their trust, our colleagues in the industry for their appreciation and, of course, our team for their hard work, which is one of the most important elements of this success. Thank you for the opportunity to participate in such an important event for us.
KKLW law firm advised GOBARTO S.A. on the conclusion of a conditional preliminary agreement for the acquisition of 100% of shares in Al Ba Podlaskie Centrum Mięsne Żuraw Gryko sp. j. and the acquisition of 100% of shares in Franko Dystrybucja sp. z o.o., for a total price of PLN 31,000,000.00, subject to the possibility of adjusting the price based on the financial results of the acquired companies, not exceeding 10% of agreed total price. GOBARTO S.A. is the largest Polish company involved in the slaughtering, cutting and distribution of red meat. Since 2002, it has been a public company listed on the Warsaw Stock Exchange. Since 2014, GOBARTO S.A. is also part of the Cedrob Capital Group. On the law firm's part, partner Michał Kurzyński and associate Wiktor Kulewicz, both advised on the transaction. At the stage, the advice consisted og conducting an examination of the legal status of the acquired companies and negotiating transaction documentation. We congratulate both parties on the conclusion of the agreement and look forward to continue our cooperation with GOBARTO S.A. in this project.
In a complex arbitration dispute over claims arising from a construction discount contract at one of Poland’s largest shopping malls, conducted with a permanent arbitration institution, an award was made — in part — unfavorable to the Law Firm’s Client, who claimed payment for due performance of the contract. As a result of a complaint, filed to set aside the arbitration court’s judgment with the ordinary court, draw up by the employees of KKLW on behalf of the Law Firm’s Client, the Court of Appeals in Warsaw sat aside the arbitration court’s judgment in the appealed part, sharing the leading allegation of the appeal, namely: violation of procedural public policy by failing to consider the merits of the case. Although an action to set aside an arbitral award is an exceptional means of appeal, with very limited grounds, if there are serious deficiencies in an arbitral award, a skullful argumentation expressed in precise allegations can lead to the setting aside of a defective arbitral award. The case was handled by partner Michał Kurzyński and senior associate Stanisław Wiśniewski.
We are very pleased to announce that, for another consecutive year, we have received honors in The Legal 500 (Legalease) EMEA ranking for 3 of our leading practices: Dispute resolution — Tier 6, Restructuring and Insolvency — Tier 3, Public procurement — Tier 3. We would like to thank our clients for taking the time to provide feedback and for the trust they have placed in our practice over the years. The above practices are led by partner Przemysław Wierzbicki, senior associate Marta Ewiak-Kawecka, senior associate Dariusz Mielewczyk oraz associate Marcelina Serocka. We would like to congratulate all the recommended and awarded in the ranking!
On the occasion of the forthcoming Easter holidays we wish all our Customers, Partners and Friends prosperity in your business and success in the upcoming moths. Spring is a time of life reborn — so let the springtime charm settle in our hearts for good. May the festive days bring rest and respite from the busy dat-to-day life.
It is great satisfaction that we announce that, thanks to the commitment of our team, a contract will be concluded that will start the largest cultural investment in right-bank Warsaw. Today a contract will be signed between Sinfonia Varsovia and Korporacja Budowlana DORACO Sp. z o. o. for the execution of construction works within the framework of the investment entitled: „Modernization of historic buildings and construction of a Concert Hall at Grochowska Street for the needs of Sinfonia Varsovia Part A“. The task includes comprehensive renovation of historic buildings of the former Institute of Veterinary Medicine, which will include the construction of a concet hall, teaching, administrative and technical rooms for the needs of Sinfonia Varsovia. The scope of work also includes the execution of preparatory works for the second part of the investment, i.e. the construction of a new concert hall — including the construction of a geothermal instalation and underground infrastructure. The value of the work is PLN 117,425,968.11. We are pleased that our work is helping to change the space around us for the better. On bahalf of the law firm, the project is led by senior associate Maciej Łysakowski.
Last Tuesday we had the opportunity to participate in Poland’s largest Legal Intership and Job Fair organized by BC System Legal Recruitment & Business Advisory at Elektrownia Powiśle. Our Team was eager to talk about the organization of work, our specializations and the interesting projects we are implementing. We would like to thank all young numbers, and the Organizers for the opportunity to participate in the event. If toy want to take part in complex projects, difficult disputes and interesting transactions, then you are the person we are looking for.
KKLW applicants composed of: Aleksandra Tomczyk, Katarzyna Wieszałka and Krzysztof Wanecki in the lead of the 1st Arbitration Competition named after Advocate Tadeusz Szurski, Ph. Individual honorable mention went to Aleksandra Tomczyk in the category of best speakers of the Competition. In the first week of March, the 1st Adw. dr. hab. Tadeusz Szurski Arbitration Competition was held. The event had the character of a moot court, and 20 teams composed of trainee attorneys competed. The first (written) stage of the competition consisted of drafting a lawsuit and, in turn, a response to the lawsuit in the case. The participants had to deal, among other things, with the issue of an imprecise arbitration clause and the interpretation of the contractual force majeure clause. In the next stage of the competition, for which 11 teams were qualified, the teams took part in simulated hearings, presenting the position of the drawn litigant begore Committees consisting of experienced law practitioners, acting every day before arbitration courts (either as attorneys for the parties or as arbitrators themselves). After the preliminaries were completed and the scores of all the teams were added up, 4 teams were selected to face each other in the next semi-final round of the competition. 4 teams entered the semifinals, including a team with 3 KKLW applicants as members. We would like to congratulate our Applicants and all Participants of the competition, and thank the Organizers for the opportunity to participate in such an important initiative for us!
Lawyers of KKLW succeeded in the administrtive court proceeding to declare ineffective the substantive legal action concerning the update of the appendix to the registration card of the Jewish cemetery in Swarzędz, which specified the plots of land included in the non-existent cemetery and marked on the map the extent of monument, which would include part of the real estate of the Firm’s client. At the hearing before the NSA, the case was led by partner Przemysław Wierzbicki and senior associate Stanisław Wiśniewski, assisted by attorney Łukasz Kossacki-Lytwyn.
Our lawyers successfully represented a taxpayer in a dispute with the tax autfority over the legitimacy of determining the additional tax liability in the maximum amount (VAT sanction under Article 112c of the VAT Law). The director of the IAS accused the first-instance authority of improperly conducting an evidentiary proceeding. The authority, before improsing a VAT sanction, should, with the participation of a party, examine the nature of the violations, i.e. determine whether the taxpayer’s errors constitued tax fraud or were due to doubts about the interpretation of regulations, and analyze the impact of these errors on the depletion of the State Treasury’s revenues. The above ruling is in line with the current line of rulings of administrative courts, which, contrary to the position of some tax authorities, recognize that in the case of VAT sanctions, it is necessary to conduct an evidentiary investigation before issuing a decision on sanctions. The case was coordinated by tax consultant Kamila Cebelińska.
On the occasion of the upcoming Christmas holidays, we wish you many moments filled with joy, bringing you peace and rest. May the coming New Year abound in a string of successes and bring you a lot of energy needed to achieve all your goals!
During this year’s edition of the Corporate Bond Congres, partner Przemysław Wierzbicki gave a lecture on a limited liability company undergoing corporate bond restructuring. During the speech, a step-by-step presentation was given of the course of restructuring a fictitious limited liability company, which reflected the significant real problems faced by companies and their coun terparties (creditors) in connection with judicial restructuring. The issues took into account the current state of the law — effective January 1, 2022. We thank the Organizer for the opportunity to participate in such an important event for us.
We are very pleased to announce that we have joined the ranks of supporting members of Polish Economic Chamber of Cleanliness. The Polish Economic Chamber of Cleanliness represents the sector related to the cleaning industry. It is a member of ISSA-The Worldwide Cleaning Industry Association (ISSA) and Europaen Federation of Cleaning Insustries (EFCI) an organization representing the interests of service providers in the professional cleaning industry in the European Union. PIGC was registered in 2008 and is a continuation of the Polish Cleaning Association established in 2000. It supports the development of member companies and conducts a number of initiatives, trainings, industry meetings as well as works with property management companies and their owners to develop the most effective methods to meet the expectations of its members’ clients. Thank you for your trust and we look forward to fruitful cooperation.
Lawyers of our law firm’s litigation practice have achieved another success in a lawsuit brought by a bankruptcy trustee against their Client — one of the leading insurance companies. The case involved claims under an insurance guarantee. During the litigation, we argued that the demand for payment did not meet formal requirements. Moreover, we also pointed out that the demand for payment constituted an abuse of the guarantee. Thios is because the demand for payment under the insurance guarantee covered the liquidated damages charged by the investor for withdrawal from the construction contract, while it was the contractor who had previously withdrawn from the construction contract. The investor’s subsequent withdrawal from the contract and subsequent accrual of the contractual penalty on this account could therefore not succeed. Ultimately, the Court dismissed the claim, sharing the Law Firm’s arguments in their entirety. We are pleased with another success in the insurance guarantee dispute. We are also pleased that the Courts are increasingly leaning in depth on the allegation of abouse of guarantee. The case was handled by partner Przemysław Wierzbicki and senior associate Marta Ewiak-Kawecka.
We would like to inform You that we are representing a client in multithreaded arbitration proceedings before the Arbitration Court at the National Chamber of Commerce in Warsaw. The case concerns a breach of an investment agreement enterned into between the parties through in the disbursement of funds in the amount of several milion zlotys contributed to a portfolio company contrary to the intended use and the business plan previously approved by the investors. Some of the funds disbursed contrary to their intended use were public funds, which in the case at hand requires an in-depth analysis at the interface of civil and administrative law. Similar cases have not been previously recognized by the Courts, so this case is largely procedent-setting. The Law Firm provides its Client with comprehensive legal services for the ongoing dispute, including, in addition to representation before the Arbitration Court, analysis and action on the Client’s property counterclaims againts the other party to the dispute. The case is led by partner Przemysław Wierzbicki in cooperation with senior associate Stanisław Wiśniewski and senior associate Maciej Marczewski.
It is with undisguised joy that we announce that Wiktor Kulewicz, Marcelina Serocka, Laura Rudnicka and Kamil Damięcki have passed the professional exam and will soon join the illustrious ranks of attorneys and legal advisors. Our sincere congratulations — welcome to the ranks of green and blue jabots.
We are very pleased to announce that new lawyers have joined KKLW’s corporate team. Monika Gniadek — Sińska legal counsel, specializes in civil law, corporate law and competition law. She has considerable experience in negotiation and drafting various commercial agreements, including internation ones. Expert in compliance matters. Katarzyna Kuliga legal consel with 15 — experience in providing services to business entities in both B2B and B2C segments. She specializes in corporate law, business law and transactional law as well as legal issues related to contracts related to ongoing e-commerce activities. Iwona Nogaj attorney at law, specializes in advising businesses and individuals on civi law issues. She represents clients in litigation before common and administrative courts. Maciej Marczewski atorney, gaining his experience in an international network law firm and in renowned Polish law firms, providing services primarily to entrepreneurse. In his daily work, fe focuses on day-to-day corporate and business consulting, transactions and litigation. Our common goal is to creat a team that will be the advisor of first choice on the corporate market in Poland. We warmly welcome you on board and wish you much professional success.
The Provincial Administrative Court in Warsaw shared our argumentation and overturned decisions refusing to declare an overpayment of tax on civil law transactions in connection with the sale of land consituting farms meeting the prerequisites for tax exemption in a situation where the tax exceeds the de minimis limit. Lawyers of KKLW, citing historical and purposive interpretation of the regulations, as well as domestic and EU case law, successfully demonstrated the possibility of granting partial exemption from tax on civil law transaction up to the limit of de minimis aid. Thanks to the adopted line of argumentation, clients of KKLW can benefit from the exemption from tax on civil law transactions in the amount of 15.000 euros. The case was handled by a team of KKLW lawyers composed of partner Przemysław Wierzbicki and associate Anna Duplicka.
Another M&A project closed. We are very pleased to announce that we have advised BUFAB International AB is a subsidiary of BUFAB AB listed on the Stockholm Stock Exchange. This is another project where we successfully supported our client not only from a legal perspective, but also from a financial and tax perspective. In the project we conducted a DUE Diligence study and prepared the transaction documentation. In M&A project, such a combination of services in one place allows us to reduce transaction costs for the Client, prepare consistent DD reports and effectively and efficiently negotiate transaction decuments. Partners Michał Kurzyński, Grzegorz Spuz — Szpos and Marcin Romańczuk were responsible for the project. We would like to thank you for your trust and wish further success to the transaction parties.
It is with great pleasure that we would like to inform you that for another consecutive year we have received distinctions in the internation ranking of law firms Legal 500 EMEA for 2 of our practices: dispute resolution — Tier 6 and public procurement — Tier 3. We would like to thank our clients for the trust they have placed in us for many years and for taking the time to provide feedback. The above practices are led by partner Przemysław Wierzbicki and senior associate Marta Ewiak — Kawecka, senior associate Dariusz Mielewczyk. We would like to congratulate all the recommended and awarded practices.
Since the beginning of the armed conflict, we have created 3 foundations to support activities for the Ukrainian community. The first is the Tina Karol Charity Foundation, which aims to help and support refugees and their families from war zones in Ukraine. The second is the World Anew Foundation, where partner Michał Kurzyński is a member of the Foundations Board, which was established with the aim of supporting the reconstruction of infrastructure, residential, public, social, culture as well as educational facilities in areas affected by armed conflict. The World Anew Foundation aslo aims to support efforts to obtain compensation, reparations and other monetary benefits of a tangible and intangible nature from those who culpably caused or contributed to the losses and damages associated with the armed conflict. The Third Foundation for the Development of the International Community and Support for Entrepreneurship aims to inspire, co-create, promote and support activities and initiatives for the development of Ukraine in the international arena, including in particular the granting of membership in the European Union to Ukraine.
Thanks to a carefully planned tax litigation strategy, the law firm’s team managed to conclude before the expiration of the statute of limitations, a case concerning the determination of the amount of tax liability in PIT. The tax proceedings, which were initiated less than a year before the expiration of the statute of limitations, became pointless due to the successful appeal of the assessment decision issued in the middle of the year and the exclusion of the possibility of initiating enforcement proceedings as the year expired due to the statute of limitations. The case was handled by experts specializing in tax proceedings tax advisor Kamil Cebeliński and partner Przemysław Wierzbicki.
Partner Przemysław Wierzbicki represented KKLW at the premiere of the UN Global Compact Network Poland report "Small hydropower plants in Poland". During the debate, the prospects for the development of small hydropower plants in Poland, their potential for the decarbonization of the country and the threat they may pose to biodiversity and the state of rivers were discussed in detail. United Nations Global Compact Network Poland is the national network of the world’s largest initiative bringing together businesses working for sustainable development, where KKLW is a member. Many thanks to the United Nation Global Compact Network Poland for the opportunity to make a substantive contribution to this year’s report.
The 13th Edition of the Poland Infrastructure and Construction Conference, held on March 9, 2022, is behind us. The law firm KKLW, represented by partner Przemysław Wierzbicki, participated in the 2nd Panel Discussion „Road Infrastructure“. This year’s edition of the event was a good opportunity to discuss topics related to the financing and development of road investments, new technologies in the service of infrastructure and yhe dynamics of rail transport development. The culmination of the conference was the „Diamonds of Infrastructure and Construcion“ award ceremony for the most outstanding entities in the industry, where partner Michał Kurzyński had the pleasure of presenting the award in the „Implementation of the Year — Road Infrastructure“ category. We would like to thank the Executive Club for the opportunity to participate in such a prestigious event and congratulate all the award winners.
Lawyers from the firm are representing a leading public rail infrastructure operator - as an auxiliary prosecutor in case for the offense of collusive bidding, related to a public tender for the supply of wooden railroad sleepers. The Warsaw Wola District Court in Warsaw discontinued the above proceedings, indicating that the elements of a prohibited act were not exhausted. The law firm filed a complaint against the decision, alleging, among other things, a misinterpretation of substantive law. The District Court reversed the appealed decision, sharing the law firm's position that the District Court misinterpreted the sybstantive law categorizing the offense of collusive bidding. The District Court, in it's reasons for the ruling, ordered the implementation of the evidentiary motions submitted by the auxiliary prosecutor and a full evidentiary hearing. The case is being handled by lawyers specializing in commercial criminal proceedings partner Przemysław Wierzbicki and senior associate Stanisław Wiśniewski.
KKLW Legal Kurzyński Wierzbicki was selected by The Legal 500 to prepare a guide to public procurement. The publication is a practical study of Polish public procurement, with numerous references to statistics. It is directed primarily to foreign contractors and their lawyers who would like to learn the basics about how the public procurement market works in Poland. The information contained in the guide may be helpful to foreign entities in deciding whether to submit offers in Polish tenders. The guide was prepared by public procurement experts - partner Przemysław Wierzbicki and senior associate Marta Ewiak - Kawecka. We are pleased that The Legal 500 appreciated our long standing experience in public procurement and entrusted our law firm with the preparation of the publication. The entrire publication is available on page The Legal 500.
Thanks to the correctly formulated legal argumentation, as well as the procedural strategy consistently implemented by KKLW lawyers, on January 13, 2022, the District Court in Warsaw issued a judgment 100% favorable for one of PKP Cargo S.A. clients. The case concerned circumstances related to the termination of the sub - leaseholder sought compansation from PKP Cargo for lost profits due to the non - renewal of the sub - lease agreement and compensation for costs incurred, in total over PLN 31 million. In verbal reasons for the decision, the District Court fully shared the position of PKP Cargo on the lack of legal grounds for pursuing claims by the former sub- lessee, and agreed with the legal arguments raised by PKP Cargo. The case was handled by a team of lawyers from the KKLW law firm composed of: partner Przemysław Wierzbicki, senior associate Maria Beroud- Mazur with the support of senior associate Mateusz Grzyb.
We invite you to a short summary of the most important events that took place at the KKLW law firm. The year 2021 brought many changes, new projects and dynamic development. We would like to thank all our clients, colleagues and friends for their trust and cooperation in the past year. We wish you continued success, profitable investments and prosperity in the New Year 2022.
Please join us tomorrow, 15 December 2021, at 3:00 p.m. for a webinar organized by Wolters Kluwer, here partner Przemysław Wierzbicki will give a lecture on changes in civil procedure that took place in 2021. The presentaation will discuss in detail the key issues related to: the issue of electronic delivery, amendment to the consumer injunction proceedings, remote hearings, interviewing witnesses in writing, the most important decisions of the Supreme Court concerning civil procedure.
As a Partner of this year's Corporate Bond Congress organized by CEETA Central and Eastern Europe Training Advisory we would like to invite you to the lecture of our Partner Przemysław Wierzbicki, which will be held on November 22, at 2:00 p.m. The following topics will be discussed during the presentation: what exactly does the opening of a restructuring by an issuer mean / statistics, judicial versus out of court (standstill) restructuring — advatages and disadvantages, when are the bonds subject to the effects of the arrangement, how a restructuring can be completed at all — a diagram of the process, restructuring and infringements from WEO - what to remember at the very beginning.
June , item The law firm KKLW Legal Kurzyński Wierzbicki supports a leading international insurance company in simplified restructuring proceedings conducted by the company IDS - BUD S.A. with its registered office in Warsaw. On September , this company opened proceedings for the approval of a composition agreement conducted purisuant to the provisions of the Act of May 15,2015. Restructuring Law (Journal of Laws of as amended) and Article 15.1of the Act of 19 June 2020 on interest subsidies for bank loans granted to entrepreneurs affected by COVID - 19 and on simplified proceedings for approval of an arrangement in connection with the occurrence of COVID - 19 (Journal of Laws of 2020, item 1086). The arrangement date is Semptember 30, 2021. The client is supported by the bankruptcy restructuring team, with the participation of Partner Przemysław Wierzbicki and Senior Associate Marta Ewiak - Kawecka.
We are pleased to announce that KKLW Legal Kurzyński Wierzbicki has joined the group of members supporting Polish Association of Construction Industry Employers. Polish Association of Construction Industry Employers (Polski Związek Pracodawców Budownictwa) is a nationwide organisation assonisation companies from the infrastructure and construction industry, which together generate over PLN 50 billion worth construction and assembly procuction in Poland and employ over 50 thousand employees. The PZPB member companies include 13 of the 15 largest full - service investment develompent companies, real estate development companies, specialized design companies, companies that manufacture construction industry. Thank you for your trust and we look forward to fruitful cooperation.
Lawyers from KKLW Legal Kurzyński Wierzbicki represented Arup Polska before the National Appeal Chamber against the selection of the most advantageous offer in the tender for "Services of a technical support consultant for the development of the Master Plan for the Central Communication Port". The services in question, with a multi - million dollar value, are crucial to the Central Transport Port (CPK) construction project. We are therefore pleased to inform you that as a result of an appeal, the contracting authority's decision to select a competing bid was annulled and found to be unaccetable. The appeal procedure was conducted by lawyers specializing in public procurement, Partner Przemysłąw Wierzbicki, Senior Associate Marta Ewiak- Kawecka and Senior Associate Maciej Łysakowski. Arup Poland is one of the worlds leading engineering consultancies with over 16,200 employees. arup consultants plan and design major airports around the world (including state- of the art mega hubs in Istanbul and Mexico City).
It is with great satisfaction that we inform about the success of layers and tax advisors from KKLW Legal Kurzyński Wierzbicki a case regarding undisclosed sources of income. Thanks to a correctly determined litigation strategy, one of our clients managed to end a case lasting more than 3 years for undisclosed sources of income, thanks to the expiry of the statute of limitations. In connection with the amendments to the Tax Ordinance introduced a few years ago and the possibility of examining revenues from undisclosed sources as part of checking activities, the tax authorities, without the formalism governing tax proceedings, widely use the possibility of conducting actions lasting many months. In such cases it is crucial to develop a proper long - term strategy for the case, also taking into account the possible statute of limitations. The case was led by Partner Przemysław Wierzbicki and Senior Associate Kamila Cebelińska.
We are very pleased to announce the success of the litigation practice of KKLW Legal Kurzyński Wierzbicki in a dispute over an insurance guarantee. Our litigation opponent sued our Client, one of leading insurers, for payment of funds under a quarantee. Together with our Client we argued that the claim should be dismissed due to abuse of the quarantee. The demand for payment under the quarantee was submitted by the quarantee's beneficiary after the contractor withdrew from the agreement. Thus, we pointed out that the subsequent withdrawal from the agreement by the investor, who was the beneficiary of the quarantee and then charging the contractual penalty on this account and submitting the demand for payment under the insurance quarantee could not have been effective. The case lasted over 7 years and was ultimately successful. The project was supervised by Partner Przemysław Wierzbicki in cooperation with Senior Associate Marta Ewiak - Kawecka.
Legaltech and innovation in the legal industry. Today, on September 25 this year, at 9:00 am we invite you to a lecture by Przemysław Wierzbicki on the digitalization of a small law firm as part of the first postgraduate studies in legaltech at the SWPS University in Poland. The main aim of the lecture is to present the possibilities of digitizing business processes in a small office taking into account the needs of such an organization and limited resources (including the use of free tools and focusing on the most important business processes).
We are happy to announce that Anna Ucińska and Bartłomiej Wietrzychowski obtained a positive result in the bar exam. Congratulations and we wish you futher professional successes.
We advised PKP Cargo S.A. in the acquisition of the property of the former Wagon Factory in Gniewczyn from Forespo Poland. The transaction included the purchase od ha of land with factory halls with an area of about 4 ha. The project was managed by Michał Kurzyński (Partner), Mariusz Domagała (senior Associate), Wojciech Kowalczuk (Senior Associate) and Aleksandra Król were also involved in the project. Forespo Poland was advised by the SPCG law company.
We are pleased to share with you another success of KKLW litigation practice in the act of pauliana, in which we represented the defendant - one of the leading insurers. The bankruptcy trustee sued our client for recognition as inffective of the bankrupts performance to our client as a result of a valid obligation. In the course of the trial, we showed that the conditions of accepting the action under the actio pauliana were not met. The court fully acceded to our arguments and eventually dismissed the claimant's claim. The project was supervised by partner Przemysław Wierzbicki in cooperation with senior associate Marta Ewiak - Kawecka.
We are pleased to announce the significant success of KKLW litigation practice in a criminal case brought against the partners and management broard members of two limited liability companies in connection with transactions involving the transfer of a package of receivables between the companies in question, in temporal correlation with a court ruling which could be seen as leading to the insolvency of one of the companies. The project was supervised by partner Przemysław Wierzbicki and senior associate Stanisław Wiśniewski.
KKLW lawyers advised one of the municipalities in connection with the provisions of the bankruptcy and reorganisation law as well as public aid regulations concerninig a potential transaction for the acquisition of an organised part of an enterprise (OCP) of an entity in liquidation bankruptcy which is at the same time subject to the risk of prohibited public aid. The case is interesting in that the municipality is a shareholder and also a creditor of the bankruptcy company. The key questions, in this case, were whether the municipality could enter the tender procedure at all and whether there was a risk that, as a result of the acquisition of ZCP, a transfer of benefits to the municipality could occur, which could mean imposing an obligation on the buyer to return prohibited state aid. It should be borne in mind that based on the CJEU jurisprudence, it is possible to determine such conditions of the transaction that allow for significant minimisation of the risk of transfer of benefits. The project was supervised by Przemysław Wierzbicki partner and senior associate Paweł Chmieliński with the support of Kamila Cebelińska senior associate.
We are pleased to announce another success of the litigation practice of KKLW in a dispute over a bank guarantee. Our litigation opponent seud our Client — one of the leading banks on the Polish market — for the return of the amount paid to the beneficiary under the bank guarantee. The claimant indicated that the payment under the quarantee was not made under the formal terms of the quarantee, because in the claimant's opinion the bank incorrectly certified the signatures on the payment demand. The situation was peculiar to the extent that the beneficiary's bank, which, under the guarantee, was to certify the signature on the demand for payment, was at the same time the quarantor. Despite the plaintiff''s allegations against our Client, the Regional Court in Warsaw and the Court of Appeal in Warsaw fully shared the position presented by the lawyers of KKLW, dismissing the claim and then the plaintiff's appeal. The project was supervised by partner Przemysław Wierzbicki and senior associate Marta Ewiak — Kawecka.
We are pleased to announce that in January 2021, Wolters Kluwer Publishers released a publication prepared by the lawyers at KKLW Legal entitled "Bank and insurance guarantees in practice and jurisprudence". The publication has an exceptionally practical character — it is based on the authors' professional experience, who have had regular contact with bank and insurance guarantees for years, providing services to issuers and beneficiaries of guarantees of the largest banks and insurance companies and participating in numerous court disputes (also before the Supreme Court) not only under Polish law but also under the international standard of URDG. Details of the publication are available at gwarancje.eu.
KKLW Legal has successfully advised and carried out a restructuring of an entrepreneur from the renewable energy sources industry. The restructuring court approved the composition agreement adopted unanimously by the creditors in the proceedings for approval of the composition agreement. Among others, a significant public creditor voted in favour of the arrangement. The nature of this entity and the type of receivables justified the proposal of a separate arrangement category based on the income method with the application of specific rules for the repayment of these receivables, which in effect allowed for the continuation of debt repayment without the need to write off the main and secondary receivables. The conducted restructuring proceedings are one of the few examlpes of using the structure of a profit-based arrangement and additionally, it allowed to reconcile the interests of the debtor and creditors, whose total amount of receivables amounted to approximately 4 milion PLN. The project was supervised by Przemysław Wierzbicki, partner and Paweł Chmieliński senior associate, assisted by Kamila Cebelińska senior associate and Marcelina Serocka associate.
We are pleased to announce that we have commenced cooperation with the Museum of Modern Art in Warsaw in providing permanent and comprehensive legal services. The scope of services covers all matters related to the operation, including real estate management, infrastructure and the design process. The investment aims to construct a complex of buildings (the Museum building and the TR Warszawa building). The buildings will be located on the northern side of the Defilad Square facing Marszałkowska Street in Warsaw. Our expert team, led by partner Przemysław Wierzbicki and senior associate Maciej Łysakowski, will support the Museum of Modern Art in the comprehensive design of the optimal business model for its operations. We are delighted that yet another client has appreciated the long-standing experience of our lawyers and that it is us whom has decided to entrust with these extremely important tasks.
KKLW Legal advised the Cargill Group on the consolidation of the companies in the Konspol Group, which is part of the Cargill Group. The KKLW Legal team provided comprehensive legal advice to the client, including the preparation of merger documentation, including documentation required under the Act on Shaping of the Agricultural System. The project was supervised by partner Michał Kurzyński, carried out by senior associate Mariusz Domagała and associate Wiktor Kulewicz.
Cargill is a global leader in the following sectors: agriculture, food production and food processing. The company has been operating for over 153 years, working with clients in over 125 countries. At the beginning of 2019, Cargill finalized the acquisition of Konspol Group expanding its range of products and services.
KKLW Legal has advised one of the leading investment funds operating in the renewable energy sector in the process of acquiring a portfolio of 23 MW of photovoltaic projects. The KKLW Legal team provided comprehensive transactional advice to the client, including due diligence and negotiation of transaction documents.
The transaction was supervised by partner Michał Kurzyński, executed by senior associate Mariusz Domagała, associate Bartłomiej Wietrzychowski and associate Wiktor Kulewicz.
We are pleased to announce that the KKLW lawyers advised Arup Polska Sp. z o.o. on public procurement in the tender conducted by Centralny Port Komunikacyjny Sp. z o.o. for technical support in the field of environmental protection related to the construction and operation of the Central Communication Port and projects functionally and technologically related. As a result of the tender settlement, our Client received a significant public order. We are glad that within the framework of our practice in public procurement, we could once again contribute to the success of our Client.
Pandemic time COVID-19 is, on the one hand, a time when it is difficult for people seeking legal advice to meet a lawyer in person. On the other hand, it is a time of economic crisis, which makes many small businesses and consumers wonder how serious their financial problems are. Therefore, we are very pleased to announce that we have created Chatbot - Adam Pomocny, which will help such people to get quick and reliable answers to theis questions about consumer bankruptcy. It is one of the first bottext ones on the market that will automatically serve all those potentially interesed in declaring consumer bankruptcy. We are very pleased that we have managed to create a unique tool and hope that effect of our chatbot will be to effectively support thousands of people, who are now struggling with the problem of debt and do not have the courage or knowledge to reach for consumer bankruptcy.
We are happy to inform you that Przemysław Wierzbicki, a partner in the KKLW law firm, has joined the Program Council of United Nations Global Compact Network Poland. This organization is an important agenda of the United Nations (UN) and focuses on such areas as human rights, environmental protection and the fight against inequalities based on race and gender. Mr Przemysław Wierzbicki will provide substantive support for all activities of the Council, including the creation of reports, analyses and initiatives aimed at achieving the objectives of Sustainable Development set by t he UN. The particular area of interest of Przemysław Wierzbicki, within the Program Council, will be water management, waste management and environmental protection. We are very pleased that our practice related to environmental protection has been noticed and appreciated, also by the United Nations Global Compact.
SIMPLIFIED PROCEDURE FOR THE APPROVAL OF THE AGREEMENT
- otherwise known as the simplified restructuring procedure;
- was introduced by the provisions of the so-called anti-crisis shield 4.0 (Act of 19 June 2020 on interest rate subsidies for bank loans granted to entrepreneurs affected by the effects of COVID-19 and on a simplified procedure for the approval of the agreement in connection with COVID-19, Journal of Laws of 2020, item 1086).
- protecting the debtor for 4 months;
- the possibility of restructuring with limited court participation;
- additional protection of the debtor against enforcement or termination of important contracts;
- Limiting the debtors right related to asset management;
- possibility of remote Creditors Meeting.
STEPS IN THE PROCEDURE
- Conclusion of an agreement with a restructuring advisor
- the condition for carrying out simplified restructuring procedure is the conclusion of an agreement on supervision over the course of the simplified procedure for the approval of the agreement with a restructuring advisor selected by the debtor;
- the restructuring advisor acts as a supervisor of the arrangement, which controls the debtors activities and ensures an efficient and compliant course of proceedings.
2. Issuing an announcement in the Ministry of Economy about the initiation of simplified restructuring proceedings
- the date of publication is formally the date of initiation of the simplified restructuring procedure (the date of opening the procedure for approval of the arrangement),
- on the date of publication of the notice, the enforcement proceedings are suspended by law;
- it becomes inadmissible to initiate new enforcement proceedings and execute the order to secure the claim;
- the debtor obtains protection against termination of e.g. rental, lease, credit. leasing, property insurance, or bank account agreements, sureties, guarantees or letters of credit.
- Creditor's Meeting
- voting on the arrangement at the creditors meeting (in place of or next to collecting votes by correspondence);
- voting at the meeting of creditor's may be carried out using electronic means of communication, in particular, real-time transmission;
- a personal majority (more than half of the creditors) and a capital majority (at least 2/3 of all creditors) are required to adopt the composition agreement.
- Submission of the motion to the Court
- the debtor applies for the approval of the agreement, attaching to it the collected voting cards and proff of their dispatch, as well as the report of the agreement supervisor.
- Approval of the agrement by the Court
- the refusal to approve the arrangement means the failure of the simplified restructuring procedure, the decision of the restructuring court is subject to appeal;
- the final approval of the arrangement means that the arrangement does not violate the law and therefore can be enforced by the debtor.
We would like to inform you that the Restructuring Court has opened an accelerated arrangement procedure against a company from the loan industry, which was advised by KKLW's lawyers during the restructuring process. The advice included, in particular, support in the selection of an appropriate restructuring measure, taking into account both the specificity of the company's operations and its debt structure. The opening of the accelerated arrangement procedure is the first step on the way to concluding an arrangement with creditors and restructuring liabilities. It is accompanied, among other things, by the suspension of enforcement proceedings concerning the receivables which, by virtue of law, are covered by the composition agreement, as well as the prohibition to initiate new enforcement proceedings concerning those receivables. The above circumstances significantly increase the chance of effective restructuring of the debt of an entrepreneur who has fallen into financial difficulties and of avoiding the declaration of its bankruptcy. We are happy to support futher entrepreneurs in their struggle to improve financial liquidity in this extremely difficult period for the economy.
We kindly inform you that District Court in Warsaw, XXIII Commercial Department of Appeal in a case for a ruling on the prohibition of conducting business against a client of our Law Firm accepted the appeal filed by the Law Firm on behalf of the Client and rejected the application in its entirety. The Appeal Court shared the Law Firm's arguments, that the Court of first instance was too hasty in deciding on a prohibition of conducting business activity against the member of the management board represented by our Law Firm. The court pointed out that such proceedings have very severe consequences for the participant, as the prohibition decision is a quasi-criminal sanction. In the opinion of KKLW, the statement, to the extent indicated above, may be of great importance for the practice of simultaneous filing of a restructuring application and an application for bankruptcy, because such an action, although beneficial from the perspective of protecting a member of the management board, may significantly weaken the chances of entering into an arrangement with creditors. The case was conducted by advocate Przemysław Wierzbicki, licensed restructuring advisor and receiver.
The KKLW law firm supported the most important railway infrastructure operator in Poland in the preparation of new designs of basic contracts for construction works in the "Design and build" formula and in the "Build" formula. We are glad that the Client appreciated the many years of experience of our lawyers and it was us who decided to entrust this extremely important task.
KKLW Legal Kurzyński Wierzbicki (KKLW Legal) and KKLW Advisory Sp.z o.o. (KKLW Advisory) advised the Lithuanian furniture manufacturer Vakaru Medienos Grupe on the purchase of a furniture factory in Konstantynów Łódzki from IKEA Industry Poland. The scope of services provided by the firm included comprehensive legal advice on the transaction, records. The scope of services provided by KKLW advisory included financial due diligence as well as valuation of the purchased assets. The KKLW Advisory team also advised on establishing the price calculation mechanism. The transaction was finalized at the beginning of July 2020. This is yet another project in which we provided our client with comprehensive transactional advice, including legal and financial advice. After the transaction, we will serve our client not only legally, but also in the field of accounting, taxes and HR by our specialized KKLW Tax&Accounts team. We can see that this attitude towards transactions and the needs of the client, in which we provide comprehensive services, works- explained Michał Kurzyński- partner in KKLW Legal. The project was led by the partner in KKLW Legal Michał Kurzyński, senior associate Mariusz Domagała and associate Wiktor Kulewicz, partner in KKLW Advisory Grzegorz Spuz-Szpos, manager Robert Grysiński and property expert Piotr Kubica. IKEA Industry Poland was advised by the law firm Sołtysiński Kawecki & Szlęzak.
KKLW advised U Fund, the Israeli investment company, on the purchase of Robyg Business Center office amd commercial complex, located in Wilanów district of Warsaw, from Robyg Business Park. The scope of services provided by KKLW included both advising on the purchase of an office and commercial complex from its current owner, as well as advising on obtaining a loan for the investment. ROBYG Business Center is a modern 3-storey office and commercial complex offering tenants over 5,700 sq m of modern office space 2,000 sq m of commercial space/ ROBYG Business Center is a project of the ROBYG developer designed by Atelier3 Girtler@Girtler. The project was managed and performed by senior associate Mariusz Domagała, Przemysław Wierzbicki — a partner, Marta Foltyn — an attorney at law, and Anna Ucińska — an attorney trainee were also involved in the project. The borrower's bank was advised by the CMS.
We kindly inform that the Court of Appeal in Wroclaw, I Civil Division on 12 th June 2020 in a case pending from a city sports and recreation centre against the Client of the Law Firm — a nationwide insurance compan, accepted the appeal filed by the Law Firm on behalf of the Client. In its judgment, the Court of Appeal amended the appealed judgment so that it dismissed the claim and ordered the claimant to pay the costs of the proceedings in favour of the respondent. The Court shared our argument that the submitted claim for payment under the insurance guarantee of proper performance of the contract and removal of defects and faults was not effective because it did not meet all formal requirements, however, the Court also agreed with our argument that it is not possible to supplement the claim for payment under the guarantee. For it to be effective, it is necessary to submit a complete claim for payment each time. The demand for payment could be supplemented if the guarantee expressly provides for this possibility. Additionally, the Court of Appeal shared our argumentation that in order to make an effective claim for payment it is required to have at least a powe of attorney. Within the scope of the above mentioned position of the Court of Appeal, we consider the judgment to be a precedent, of geat importance for the future practice of guarantee operation. We are glad that we can be a part of another success of our Client.
We are pleased to announce that we have started cooperation with the Podkarpackie Innovation Center in Rzeszów, whose activity is focused on three areas: facilitating the commercialization of the best Podkarpackie B+R projects, combining science with business and running a platform through which students and young scientists can learn and experiment with various production techniques. Our team of our experts, led by Advocate Przemysław Wierzbicki, will support PCI in the comprehensive design of the optimal business model for its operations.
We are pleased to inform you that KKLW Wierzbicki i Wspólnicy Sp.k. has been included in the group of companies supporting the largest global initiative bringing together sustainable business — United Nations Global Compact. The Global Compact networ brings together over 10,000 largest companies and 3,000 institutions from 166 countries around the world, representing almost every business sector, which, together with governments and scientific institutions, create stratgies and actions based on the universal principles regarding human rights, labour standards, environmental protection, anti-corruption and taking actions that help achieve social goals constituting the implementation of the UN Sustainable Development Goals.
Sustainable development has never been more important than it is today. Only 10 years left implement the Sustainable Development Goals (SDGs) set ofor the worls by the UN. There is no doubt that a strong business commitment is needed to fulfil them. There is no talk today abount environmental protectin or the introduction of new inclusion of this sector in the discussion. The common goals of various institutions and social groups, i.e. caring for sustainable development of the economy, combating corruption, environmental protection and ensuring social inclusion have contrributed to the creation of the UN Initiative that can mediate between various actors to achieve the above objectives. UN Global Compact is an initiative supporting and enabling partnership between govemments, civil society, employers and the UN.
At the national level, Global Compact Network Poland meets the Goals (SDGs) by creating and developing specific programs tailored to the requirements and problems in the form of partnerships between the private sector, representatives of government administration and scientiffic institutions.
Sustainable Development goals set the directions in which business should develop. Therefore, joining the Global Compact UN program "SDG11- Sustainable cities" is a natural consequence of many years of activities and decisions taken by the KKLW law firms, as well as an expression of the desire to countinue to make the right changes tjat we all need today.
Over half of the world's populations lives in cities — 3.5 bilion people. In Poland, this number is currently 23.1 milion people, i.e. about 60%. Cities are centres of innovation and development, in which human and social capital accumulate. However, there are many challenges that we need to face in order for cities to create jobs and build prosperity while not straining available land and resources. Common urban challenges include overcrowding, lack of resources to provide basic services, housing shortages and deteriorating infrastructure. To counteract these problems, Global Comapct Network Poland created in 2015 the SDG 11- Sustainable cities program, which will be run, as well as the impementation of SDG by 2030.
One of the first initiatives of the KKLW law firm's cooperation with Global Compact Network Poland will be to suppert entrepreneurs and farmers in the sustainable use of water in their activities, including grey water and support in the development of MEW installations.
We have one of the worst situations in the history of hydrological measurements that have been carried out in Poland for over a hundred years. The situation is more and more dramatic and if we do not change antything, it will get worse. Water in Poland must be collected and used with caution and care. In the area of water resources management in Poland, there is no room for political disputes or departmental management. Collaboration and cooperation are needed in this area, which is why I am extremely pleased with KKLW Wierzbicki & Partners joining the UN Global Compact Network and joining the SDG11 program-Sustainable cities. Joint activities will focus on regulatory activities in the area of water resources management, including the us of grey water and the development of dispersed water energy, and education on shrinking water resources in Poland. Considering the fact that in a traditional household alone, as much as 50-80% of watewater can be used as grey water, it is crucial to change the law and build new buildings in a standard that enable the use of grey water and thus reduces water consumption in households. In the face of a drought water crisis, this knowledge may be necessary for many. Let us remember that Polish cities are a catalyst for the changes we all need ".- Kamil Wyszkowski, Representative and President of the Global Compact Network Poland Council.
KKLW has been dealing with legal issues related to sustainable water management and environmental protection for years. It supports its clients, both insitutional and individual. He also advises on creating conditions for the development of celectromobility in Polnad as part of promoting the charging and use infrastructure for electric vehicles in cities.
KKLW is multidisciplinary teams of experts, which has repeatedly confirmed its value by advision on complex and precedent-setting matters, where the services performed had to meet the expectations of the most demanding domestic and foreign clents. With a team of experts in the fields of law, finace, taxes and sccounting, the law firm recognizes cleints need much better than most consulting companies on the market. As a Litigation Powerhouse, he comprehensively deals with virtually all types of litigation that entrepreneurs may encounter while conducting their business, as well as advises on their restructuring, bankruptcy or liquidation.
We would like to inform you that we supported the Ministry of Digitization in the state aid program for the construction of Regional Broadband Networks. The team on the part of KKLW was headed by lawyer Przemysław Wierzbicki.
We are very happy to announce that the dispute resolution team of KKLW Law Office with Przemysław Wierzbicki as its leader was recommended in this years edition of The Legal 500 EMEA ranking in the Dispute resolution, Restructuring & Insolvency and Public Procurement category. The authors of the ranking appreciated the teams extensive experience in handling court disputes arising from infrastructural projects, M&A and business operations. They also pointed to the team leaders extensive competence in civil and commercial disputes, arbitration, administrative proceedings, restructuring & insolvency and including represeting clients before the National Appeal Chambers, was distinguished.
We are pleased to inform that within the framework of cooperation between the KKLW and the Polish Insurance Asocistion and the Polish Association of Construction Industry Employers, Mr Przemysław Wierzbicki participated in work related to the preparation of members of these organizations and their clients for chamges resulting from the so-called Spec-the COVID-19 Act, including the preparation of a specimen letter informing about the occurrence of circumstances related to COVID-19, affecting the impementation of the public procurement contract (Article 15r.1 Special — COVID-19 Act).
We would like to inform you that KKLW Law Firm has joined the group of law and tax law firms from all over Poland providing assistance to entrepreneurs during the SARS-CoV-2 coronavirus pandemic. The action under the name #RatujBiznes is organized by the Spokesperson of Small and Medium Enterprises, in which entrepreneurs are informed about the possibilities of applying for help, support, relief or exemption in the situation of various public law liabilities. During this difficult time for all companies, KKLW joined the programme of free (pro publico bono) assistance for micro, small and medium entrepreneurs in preparing and submitting relevant applications for support. More information and materials on assistance for companies in connection with the coronavirus epidemic can be found on our profile COVID-19- support for your company.
We are pleased to announce that we advise PKP CARGO S.A. in the consolidation of companies from the transhipment industry to the Group. As a result of our activities, on October 31, 2019 the merger of PKP CARGO Terminale Sp. z o.o. (acquiring company) with PKP CARGO Centrum Logistyczne Małaszewicze Sp. z o.o. (the acquired company) was registered. After completion of all planned consolidation activities, PKP CARGO Terminale Sp. z o.o. will become the largest terminal company in Poland and one of the largest in Europe. The project is led by Michał Kurzyński and Mariusz Domagała.
We are pleased to announce that the Law Firm supports AMW Hotele Sp. z o.o. in court and administrative proceedings concerning reprivatisation claims to a number of real estate properties located in Warsaw. The cases are additionally complicated due to the specific, service, purpose of the real estate in question. The reprivatisation claims continue to represent one of the most important legal risks with respect to real estate located in Warsaw, and therefore we are pleased that clients see our legal competence in cases involving such claims. For years, KKLW has been representing clients in proceedings concerning reprivatisation claims, including the annulment of decisions concerning an application for perpetual lease, the annulment of enfranchisement decisions, and damages.
The Law Firm represents the City of Sokołów Podlaski in a precedential case for the return of the Przeździatka palace complex and damages. The property was taken away from its owners just after the end of World War II - as part of the execution of the decree of the PKWN (Polish Classification of National Liberal Enterproses) of 6 September 1944 on argicultural reform. Then, the palace complex was used for hospital purposes, and in the 90s, the property was communalised for the benefit of the City of Sokołów Podlaski ( which gave part of the property to Caritas). A few years ago, finally, the Minister of Agriculture and Rural Development confirmed that the palace complex in question, however, was not subject to the agricultural reform decree. As a result, the heirs of the former owners applied against the State Treasury and City of Sokołów Podlaski for the return of the property and for compensation (to the extent that the agricultural reform decree was to have irreversible legal effects). We are glad that the City decided to entrust us with representation in this case, which is so important for the local community.
We kindly inform that the Law Firm has started cooperation with another bank in the scope of representation in disputes concerning loans indexed / denominated to CHF / EUR — since December 2019 we support PEKAO Bank Hipoteczny S.A. in a number of court proceedings. We are pleased that another bank has trusted our litigation experience and competence in conducting the so - called "franchise cases". It is worth mentioning that the number and complexity of our proceedings allows us to develop procedures for conducting the so — called "franchise cases", which is often used by clients later on — when coordinating all court proceedings with their participation.
We are pleased to announce that we have effectively supported Ascot Finance Spółka z o.o. Sp. k. in negotiations with GetBack S.A. in the restructuring of the repayment of GetBack's debt in the non-agreement part. The project also provided potential enforcement actions in several court and bailiff proceedings. Ultimately, the creditor recovered the multi-millionth amount by way of a one — off payment (detailed information can be obtained from the files of GetBack restructuring proceedings). We are pleased with the client's succes and stress the growing importance of our bankruptcy and restructuring law practice, which is present in virtually all major restructuring proceedings currently underway in our country.
Valetta, Malta, December 5, 2019, KKLW KURZYŃSKI ŁYSZYK WIERZBICKI SP.K. (KKLW) announced that it is one of 17 law firms to join One Sky Solutions (“OSS“) as a launch Member Firm. The OSS network of firms specializes in EU261 and Montreal Convention passenger claims. OSS formally launched its operations at the CAPA World Aviation Outlook Summit in Malta.
OSS adopts an innovative approach to assist airlines in dealing with their growing volumes of EU261 and Montreal Convention passenger claims. It provides a cloud-based platform that links airlines to legal expert in all major European markets (such as KKLW), who can assist airlines in quickly determining whether they need to pay compensation or defend cases in court. OSS also provides a call center that can contact passengers on behalf of the airline and arrange for a settlement of their claim.
KKLW is a full service law firm that specializes in aviation law, including providing assistance to airlines in the area of EU261 and Montreal related passenger claims. Being a Member Firm of OSS will enable us to handle these claims more efficiently, using the synergies and other benefits provided by the OSS platform. We look forward to assisting airlines in this difficult and costly area.
For more information on OSS, please visit us at www.one-sky-solutions.com.
Przemysław Wierzbicki participated in the UN Day Gala organized by Global Compact Network Poland. During the event, a publication „GCNP Yearbook 2019/20„ was presented, devoted to activities for sustainable development, to which the representatives of companies associated in the Global Compact network contributed.
We are pleased to announce the success of our lawyers who represented Hochtief Polska S.A. in the appeal proceedings concerning the public procurement procedure for the execution of the detailed design and construction of the Radom Sadków airport terminal. Acting on behalf of our Client, we have challenged the provisions of the SIWZ to the extent of the exceptionally short deadline imposed by the Ordering Party for the execution of the subject of the contract. The Ordering Party considered our Customer’s allegations to be justified in their entirety and accepted the appeal.
This Thursday and Friday, the VI Congress of Financial Markets Regulation organized by Maurycy Allerhand will take place in Warsaw. Among the experts of the event were Wiktor Wesołowski and Anna Grochowska-Wasilewska, who on the second day of the Congress will share their opinions on the implementation of anti-corruption programs in organizations. We cordially invite you to join us.
That’s for sure! New rules on dispute resolution will come into force at the beginning of November. These are very profound changes to the Code of Civil Procedure, which will apply to all entrepreneurs. Due to the change, a number of new obligations will be imposed on companies. Additionally, the formalism of proceedings will increase, which may result in losing the proceedings for formal reasons, although the entrepreneur will be right.
DISPUTES IN A NEW WAY
We invite you to a series of free webinars regarding the amendment to the Code of Civil Procedure.
16, 23 and 30 October 2019.
Sign up today!
Krzysztof Łyszyk, during the conference organized by MMC Polska concerning the amendment of the Act on Management of State Property, presented the issue establishing a new state special purpose fund, the purpose of which will be the acquisition of shares and stocks. The fund will budget of PLN 1 billion already in its year of operation. We would like to thank the organizers for the invitation, and those interested in this subject are welcome to contact us.
Przemysław Wierzbicki conducted a training course on the reform of the Civil Procedure Code for members of the Polish Association of Construction Industry Employers. We would like to thank all the participants for coming so many times and the organizers for the opportunity to cooperate in this event.
That's for sure! New rules on dispute resolution will come into force at the beginning of November. These are very profound changes to the Code of Civil Procedure, which will apply to all entrepreneurs. Due to the change, a numer of new obligations will be imposed on companies. Additionally, the formalism of proceedings will increase, which may result in losing the proceedings for formal reasons, although the entrepreneur will be right. Do you want to know more? We invite you to take part in the training "Disputes in a New Way", August 29 th in Warsaw.
Wiktor Wesołowski and Anna Grochowska- Wasilewska will take part in a conference organized in Wrocław by BDO Poland entitled "Risk awareness- the basis for companys security!" this Thursday (30.05.2019). During their lecture, our lawyers will present the benefits and potential theats to the activity of the so-calles "whistleblowers", i.e. persons reporting irregularities and violations of the law in the company. An interesting subject, espacialy in the context of the recently adopted by the European parliament directive on whistleblowers and the new draft law on the liability of collective entities. We invite you to participate!
The new regulations on the Central Register of Real Beneficiaries will come into force in October this year. You can find out about the obligations for entrepreneurs resulting from these regulations during next year's conference organized by the Rzeczpospolita, of which we are a substantive partner. We cordially invite you to the whole event, and in particular to the lecture which will be presented by Anna Grochowska- Wasilewska.
Przemysław Wierzbicki will represent the Firm during IBA Annual Litigation Forum: Disruption in Litigation — New Types Disputes in a New World Order on 8-10 May 2019 in Berlin. The topics discussed during the conference will include: group enforcement of claims, the impact of protectionist tendencies and other geo-political phenomena on court disputes, the application of the theory of games in court disputes and disputes concerning cryptovalut.
We kindly inform you that we have started cooperation with Agencja Rozwoju Przemysłu S.A. in the scope of permanent and ongoing consulting in the field of Public Aid. ARP is a joint stock company in the Group of the Polish Development Fund with 100% State Treasury shareholding. Supporting companies in the conduct and development of business, as well as in the implementation of restructuring processes, plays an important role in increasing the competitiveness of the Polish economy. A wide range of support instruments includes both financial products and non-finanicial assistance in the implementation of projects, e.g. by making investment areas and production facilities available within the Special Economic Zones manager by ARP.
We are pleased to inform you that our Law Firm has been awarded for another year in a row, and at the same time has been promoted in the Legal 500 (Legalease) ranking. First of all, our extrensive experience in the area of public law was appreciated. We are one of the fourteen best law firms in Poland, with a leading Polish law firms and 9 international law firms among our direct competitors. The award was also granted to our practice of dispute resolution, where we were particularly appreciated for our openness in relations with clients and attention to detail (friendly approach and focused work). We would like to thank our Clients as well as our colleagues from other law firms for their recommendations.
We kindly inform you that we have started cooperation with the Sinfonia Varsovia Orchestra in the field of legal services for the construction of the Orchestras headguarters (Sinfonia Varsovia Centrum). We are very happy that apart from the construction of the Museum of Modern Art we will have the opportunity to support the construction of another extraordinary cultural facility. The new headquarters will be located at Grochowska 272 Street in Warsaw. This investment is one of the flagship projects of the Prague Revitalization Programme, of great impostance for the development of the right — bank Warsaw. We cordially invite you to familiarize yourself with the visualization of the design of the headquarters. Undoubtedly, it will be one of the most interesting architecturally objects in the coming years!
Compliance Days, of which we were a partner already behind us, but already next week (11 April 2019 ) Wiktor Wesołowski, Anna Grochowska-Wasilewska and Grzegorz Spuz-Szpos will conduct a seminar for the members of ACCA Poland, concerning planned changes in the responsibility of collective entities and ways of building a compliance management system. This time the event will be closed, but soon more information about the events will be available to everyone interested!
Przemysław Wierzbicki and Jakub Brzeski had the opportunity to conduct trainings for Ceeta Central and Eastern Europe Training Advisory on practical aspects of guarantee liability (taking into account court experience). As usual, the subject met with great interest of the participants.
On February 3, 28 th in the Museum on the Vistula- the temporary seat of the Museum of Modern Art.- a contract was signed between the Museum and Warbud S.A. for the construction of the Museum of Modern Art on Plac Defilad. The investment worth over 400 mln PLN will be the first investment in decades to be carried out within this central square of Warsaw- a particularly difficult area due to complex ownership issues and the multitude of existing underground infrastructure. The fact that we have made a significant contribution to this success is a source of real satisfaction for us- as well as the fact that the earlier realisation of the Museum on the Vistula River took place with our participation. The conclusion of an agreement with GW has been the most important moment in our cooperation with the Ministry of Foreign Affairs so far. In the course of several years of ongoing investment services, we took part in all aspects of project work from the legal point of view: obtaining necessary administrative decisions, including building permits, regulation in the selection of GW and disputes related to it Maciej Łysakowski and Przemysław Wierzbicki are responsible for the project.
On April 2, Krzysztof Łyszyk and Mariusz Domagała will discuss current issues related to the practice of the capital companies supervisory body as part of a conference for supervisory board members organised by MDDP Business Academy. We would like to invite you to join the event.
We are pleased to announce that we have become a Compliance Days 2019 partner organized by the Compliance Institute. During this event, on 2 and 3 April, more than 50 speakers will discuss the most current issues related to compliance, including the consequences of the new Corporate Responsibility Act for companies. Among the speakers were Wiktor Wesołowski and Grzegorz Spuz-Szpos, who will take part in the panel: "Anti-corruption programmes are not passe, i.e. challenges, methods and solutions. We would like to invite you to join the event.
KKLW participated in the Diplomatic Opening of the Year 2019. We invite you to get acquainted with the film material from this event. We would like to thank the Polish Chamber of Commerce for organizing and supporting this initiative.
This year, we decided to resign from the traditional paper Christmas cards. Instead, we supported the Ursynów Cup tournament of young football teams from the year 2007. Congratulations to all participants, especially the victorious Legia Warszawa S.A. and organizers with Sebastain Gościniarek — the President of SEMP, for a great organization.
Our Law Firm advised P.P. "Porty Lotnicze" in legal aspects related to the takeover of the Radom Airport, in particular in matters related to the use of the prepared liquidation in the institution's project (the so-called #preapack). The project was realized in cooperation with Arup.
Today our law firm with NowyWymiarPrawa had organised the workshop about the possibility of using the automation on the basis of IT robots and blockchain technology. In the near future almost every company will benefit from the automation of the business procedures (prospective savings of the firm can calculate between 5 and 7 billion USD until 2025). As a result of the application of the blockchain technology in many different business industries we’ll observe the fundamental changes. In the first place it will affect the banking, insurance, property, media and law industry, medical health, education and administration. Undoubtedly these who will spot the benefits of blockchain technology, will be on the front foot over their competitors. The participants had the opportunity to evaluate whether they can use the automation in their company and how does the implementing look like. We would like to cordially invite you to the next editions of this event.
The opening ceremony of Lemkin Collection was held at the Library of University of Warsaw - a collection of over 160 titles related to the figure and achievements of Rafał Lemkin. Our Law Firm is one of the sponsors of the project carried out by the Witold Pilecki Center for Totalitarian Studies. During the opening ceremony, the office was represented by Wiktor Wesołowski.
We are pleased to announce that our law firm has became partner of the Lemkin 2018 project implemented by the Witold Pilecki Center for Totalitarian Studies. The project is related to the figure of Rafał Lemkin - a Polish lawyer and author of the term "genocide" and falling on December this year, the 70th anniversary of the UN's Convention on the Prevention and Punishment of the Crime of Genocide.
Our law firm is a partner of Premium Real Estate Summit 2018, which will take place on Monday, 11 June at the Warsaw Sheraton Hotel. Przemysław Wierzbicki will take part in the debate on the challenges for the retail industry by discussing the opportunities and threats for this industry in the context of new technologies and Big Data.
KKLW has received recommendation in the prestigious legal ranking Legal 500 EMEA. This year we have been rewarded in the following categories: "Dispute resolution", "Administrative and public law" and "Energy and natural resources". We would like to thank our Clients for trusting us and the entire team for their hard work and commitment!
We advised one of the most renown Polish start-ups Szumisie sp. z o.o. in a cross border consolidation of business entities and expansion into international markets. The project aimed at integration of the Company with its German partner distributing Company’s products on European markets and covered ia. negotiations, signing and execution of the investment agreement. The firm also advised on setting up an international holding structure. Szumisie is a toys producer (particularly teddy bears) which emit white noise that has a soothing effect on children’s sleep. The Company’s product is also known as “myHummy” abroad. Although the Company is significantly young - it exists from 2015, its products are already available in more than twenty countries. KKLW team was led by Mariusz Domagała, Senior Associate with support from Krzysztof Łyszyk.
Przemysław Wierzbicki, as the Chairman of the Bankruptcy and Restructuring Law Section in Warsaw, had the opportunity to participate in "Notification of claims and elimination of bankruptcy " training. The speaker was a Judge of District Court, X Commercial Division for bankruptcy matters - Daria Popłonyk. During the training, a number of practical problems were raised in connection to recent amendments to the bankruptcy law, including the issue of new rules for bankruptcy elimination.
On 26 and 27 April, a conference organized by our law firm together with Rzeczpospolita will take place. During these two days, together with experts from EY, PGNiG S.A, Procurence and Chojniak & Partners, we will provide you with practical knowledge in the area of compliance, unfair competition and the General Data Protection Regulation.
We advised Robyg S.A in the acquisition of four limited partnerships, which have a legal title to real properties located in Warsaw in Ursus district, with a total area of 63.309 m2. The value of the transaction was PLN 82 mln. The project was managed by Maria Beroud with the support of Marta Foltyn, Maciej Łysakowski and Przemysław Wierzbicki.
KKLW attended the Conference "Biosimilar Medicine 2018- III edition" organised by Health Project Management. Przemysław Wierzbicki gave a presentation on the legal aspects of treatment with biosimilar medicine.
Our law firm advised Museum of Modern Art on construction of new headquarters, particularly in the proceedings for obtaining a building permission and in the selection of a general contractor. The project is conducted by Przemysław Wierzbicki and Maciej Łysakowski.
Przemysław Wierzbicki, as the Chairman of Bankruptcy Law and Restructuring Section at the District Advocate Council in Warsaw, participated in a training organized by the section on "Proceedings initiated by application for declaration of insolvency”. The training was conducted by the District Court Judge- Cezary Zalewski, Chairman of the X Commercial Division for bankruptcy at District Court in Warsaw. During the training, a number of practical problems were raised by the recent amendment to the Bankruptcy Law, including the institution of "prepared liquidation".
The meeting was focused on important changes in the Polish soccer. We had a speech on a public aid for soccer clubs. Michał Kurzyński, Jakub Brzeski and Przemysław Wierzbicki as the lecturer participated in the meeting.
Together with TOR Conferences we orginized a seminar on new anticorruption regulations and changes to the public procurement law.
The speakers were: Wiktor Wesołowski, Anna Grochowska and Marta Ewiak.
Michał Kurzyński has become the Managing Partner. He advises on mergers and acquisitions, on company and commercial law, as well as on infrastructure projects. He has a unique experience in providing legal assistance for international sporting events and sports infrastructure investments.
“KKLW law firm is a group of ambitious lawyers that compete with the largest law firms, as we all have similar knowledge and experience. My major goal will be further development of KKLW,” said Michał Kurzyński right after being elected the Managing Partner.
Wiktor Wesołowski has been promoted to a partner. He advises and represents clients in litigation proceedings, as well as in judicial-administrative, administrative, and enforcement proceedings. He also advises on international commercial and investment arbitration.
As a partner he will be responsible for the development of the litigation practice.
We represented auxiliary prosecutor PKP PLK S.A. in criminal proceeding in connection with the Szczekociny train crash. The crash took place on March 2012 when two passenger trains collided head-on. 16 people were dead and more than 50 injured.
The court of appeal in Katowice, Poland, fully accepted arguments presented by us in the appeal and aggravated the penalty imposed by the court of the first instance on train dispatchers, who were found guilty of the crash. The decision of the court of appeal is the valid judgment.
PKP PLK was represented by Przemysław Wierzbicki and Anna Grochowska
We were co-hosts of the ‘Diplomatic Opening of the Year 2018’, an annual initiative of the Poland“s National Chamber of Commerce, focused on the international business cooperation of organizations, government and independent business organizations.
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 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.
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.