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  • 2019

    Adam Szalc, attorney and partner at ECh&W Law Firm– moderator at the National Economic Summit 2019 [PL: Ogólnopolski Szczyt Gospodarczy 2019]

    Adam Szalc, attorney and partner at ECh&W Law Firm– moderator at the National Economic Summit 2019 [PL: Ogólnopolski Szczyt Gospodarczy 2019]

    Attorney Adam Szalc led the panel entitled “District heating and cogeneration. Investments in clean air”. The panel was hosted by PGNiG Termika S.A and moreover, was attended by: Henryk Kowalczyk – Minister of the Environment; Wojciech Dąbrowski – Chairman of the Board of  PGE Energia Ciepła S.A .; Jarosław Głowacki – Chairman of the Board of PGNiG Termika S.A .; Piotr Górnik – Chairman of the Board of Fortum Power and Heat Polska sp. z o.o .; Robert Grzywacz – Chairman of the Board, of Przedsiębiorstwo Energetyczne w Siedlce sp. z o.o .; Artur Michalski – Deputy Chairman of the Board of NFOŚiGW; Jacek Szymczak – Chairman of the Board of Chamber of Commerce for Polish District Heating [PL: Izba Gospodarcza Ciepłownictwo Polskie].

    As part of the discussion, expectations and opportunities for the development of a new cogeneration support system were discussed in the first instance which was a reference point for defining perspectives for the development of energy-efficient district heating systems and attempting to answer the question whether they mean the decline of conventional cogeneration or not. Subsequently the progress of investments in clean air and the most principal investments in district heating were discussed. The role of local governments has also been outlined and discussed including the possibilities of waste management as well as the use of renewable energy in the development of system district heating. At the end of the discussion, there was a reference made to future changes in the regulatory environment of heating as well as new technologies in district heating and cogeneration.

     

    The ECh&W debate during the TRAKO International Railway Fair

    The ECh&W debate during the TRAKO International Railway Fair

    During the TRAKO International Railway Fair there was a debate that was held on “Challenges for producers. Prospects for international expansion and financing mechanisms after 2020.” The debate was organized by ECh&W Law Firm as well as the Polish Investment and Trade Agency [PL: Polska Agencja Inwestycji i Handlu]. The debate was attended by representatives of rolling stock’s manufacturers and infrastructure components, representatives of rolling stock companies, the banking sector and the President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego]. Among the panellists there were also representatives of the organizers, i.e. ECh&W Law Firm and the Polish Investment and Trade Agency [PL: Polska Agencja Inwestycji i Handlu]. ECh&W Law Firm is pleased to announce that the eminent panelists included:

    • Ignacy Góra – President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego];
    • Krzysztof Senger – Vice-President of the Polish Investment and Trade Agency [PL: Wiceprezes Polskiej Agencji Inwestycji i Handlu];
    • Rafał Leszczyński – Chief Executive Officer of KZN Bieżanów sp. z o.o.;
    • Dagmara Zawadzka – Director at Bank Gospodarstwa Krajowego S.A.
    • Piotr Ignasiak – Chief Executive Officer of Industrial Division sp. z o.o.
    • Marcus Prochner – head of the European homologation department at Bombardier Transportation GmbH – Kassel

    as well as our attorney Michał Zięba – associate partner at ECh&W Law Firm.

    The debate was moderated by Łukasz Malinowski – lead editor of the Rynek Kolejowy industry portal in which ECh&W Law Firm is a partner of the Law and Politics department.

    The debate revolved around three main themes which have a fundamental impact on the railway system in Poland as well as in the European Union, i.e.:

    • a new model of certification and placing in service of railway products proposed by the Office of Rail Transport [PL: Urząd Transportu Kolejowego] in Poland, subject to testing for compliance with the so-called list of the President of UTK,
    • new ways of financing infrastructure and rolling stock investments in the forthcoming financial perspective with particular reference to innovative mechanisms promoted by the European Commission,
    • export prospects for Polish railway products and services in the European Union and outside the EU.

     

    Participants of the debate concordantly agreed that the system of certification of railway products should be as transparent as possible, and pan-European requirements should rather not be supplemented by additional domestic restrictions. Today, however, the situation is different, and the announced changes to the law will enter into force at the earliest in 2020.

    It was strongly emphasized that the purpose of the IV Railway Package was to eliminate unnecessary barriers and administrative burdens, and a consistent permission to operate vehicles (issued by the European Railway Agency) would be in force in all EU Member States.

    A detailed account of the debate has been prepared by the editors of Rynek Kolejowy in the following press articles which we highly encourage you to read:

    1. Transparent certification crucial for the development of the railway sector

    https://www.rynek-kolejowy.pl/wiadomosci/przejrzysta-certyfikacja-kluczowa-dla-rozwoju-sektora-kolejowego-93908.html

    2. IV Railway Package – a chance for Polish export?

    https://www.rynek-kolejowy.pl/wiadomosci/iv-pakiet-kolejowy-szansa-dla-polskiego-eksportu-93907.html

    3. IV Railway Package as an opportunity for rolling stock companies (ROSCO)

    https://www.rynek-kolejowy.pl/wiadomosci/iv-pakiet-kolejowy-szansa-dla-pooli-taborowych-93909.html

    ECh&W Law Firm present at the Intermodal Transport Congress

    ECh&W Law Firm present at the Intermodal Transport Congress

    The first Congress of Intermodal Transport took place in September 2019 and was devoted entirely to container transport. The moderator of the debate on public aid and intermodal operators’ support was att. Michał Zięba – associate partner at ECh&W law firm.

    During the debate, a competition organized by the Centre for EU Transport Projects was summarized in which over PLN 1.2 billion was allocated to railroad carriers and intermodal terminal operators.

    In the debate over the necessary actions that would help to develop container transport, there were topics involving actions dependent on infrastructure managers such as clearing border crossings with neighbouring countries, increasing line capacity or extending railway station tracks as well as activities dependent on public institutions. During the debate, it was also emphasized that intermodal transport was strongly influenced by phenomena independent of national or even EU factors such as a possible global economic slowdown or the growing trade competition between the US and China.

    All of these actions should be based on long-term strategies at government level – just like in the Netherlands or Germany. In the latter country, both the state authorities and upper authorities have control over what is happening, including by the spatial development and planning process.

    This allows to connect industrial plants in the most efficient way.

    Att. Zięba posed a question to the public pertaining the appropriate public institution that should be the leader of public authorities in the field of intermodal transport. The vast majority of Congress’ participants came out in favour of the appointment of the institution of the government authorized representative for intermodal transport who should be at the forefront of the interdepartmental team.

    ECh&W Law Firm advised on the extension of the railway line – the so-called ‘Kartuski Bypass’

    ECh&W Law Firm advised on the extension of the railway line – the so-called ‘Kartuski Bypass’

    Legal assistance was provided to the Pomeranian Voivodeship [PL: Województwo Pomorskie] and concerned legal conditions for investment by the voivodeship self-government in railway infrastructure. As it is explicitly visible this mechanism promotes the development of agglomeration rail transport and allows efficient communication of suburban areas.

    The most prominent example of the success of a local government railway investment so far is the Pomeranian Metropolitan Railway [PL: Pomorska Kolej Metropolitarna] which is the largest investment in a newly built railway line for several decades. Kartuski Bypass is a bypass railway route from Gdańsk to Kartuzy through Gdańsk Kokoszki and Stara Piła, along the old railway lines no. 234 (Gdańsk Kiełpinek – Kokoszki – Stara Piła) and no. 229 (Stara Piła – Glincz). The extension of railway infrastructure will facilitate undisturbed railway communication between Gdańsk and Kartuzy during the investment process by PKP Polskie Linie Kolejowe on adjoining railway lines.

    The areas of regulation of the rail transport sector, public mass transport and investment financing methods required particular analysis by ECh&W Law Firm.

    Łukasz Dziamski and the ECh&W Law Firm recognised in The Legal 500 Ranking

    We are pleased to announce that the ECh&W Law Firm and our Attorney Łukasz Dziamski were distinguished among others in annual The Legal 500 Ranking.

    The ECh&W Law Firm’s team of attorneys headed by Maksymilian Cherka (PhD, attorney, partner) was among the winners in the construction category concerning matters related to construction investments.

    Attorney Łukasz Dziamski who is responsible, in the ECh&W Law Firm, for matters concerning  protection of culture was awarded in the NEXT GENERATION LAWYERS category.

    The main purpose of The LEGAL 500 Ranking is to recognise law firms and lawyers who obtain the finest recommendations, for the highest level of competence, involvement and cooperation, from their Clients.

    The ECh&W Law Firm provides comprehensive legal counselling for FRS and MARS Funds

    The ECh&W Law Firm provided legal services for FRS Fund [PL: Fundusz Rozwoju Spółek S.A.] and for MARS Closed-End Investment Fund [PL: MARS Fundusz Inwestycyjny Zamknięty] during the process of stocks and shares swapping between the mentioned entities.

    As a result of the foregoing transaction FRS Fund took over shares of Stocznia Szczecińska as well as stocks of Morska Stocznia Remontowa Gryfia S.A.. On the other hand, MARS Fund took over shares of Gryf Nieruchomości Słupskie. The total value of these transactions was PLN 213,000,000.

    The agreement of shares and stocks swapping was signed by FRS and MARS on19th December 2018 but the closing of the agreement will be effective after all the conditions, approved by both parties, will be satisfied.

    The ECh&W Law Firm provided comprehensive legal services within the field of transactions, including working at the transaction’s framework, participating in negotiations as well as preparing and signing transaction documents.

    The transaction was conducted by the ECh&W Law Firm’s team of lawyers, including: Krzysztof Wąsowski (PhD, attorney, partner), Małgorzata Cur (attorney, partner), Paweł Cyganik (attorney), Fabian Elżanowski (PhD) and Joanna Zigoura-Tomaszewska (trainee attorney-at-law).

    The President of the Office of Competition and Consumer Protection [PL: Prezes Urzędu Ochrony Konkurencji i Konsumentów] issued a consent to implement a concentration of Industrial Development Agency JSC [PL: Agencja Rozwoju Przemysłu S.A. (ARP)] and Wałbrzyskie Zakłady Koksownicze ‘Victoria’ S.A.. The ECh&W Law Firm was chosen to provide legal services throughout the whole procedure.

    The President of the Office of Competition and Consumer Protection [PL: Prezes Urzędu Ochrony Konkurencji i Konsumentów] issued a consent to implement a concentration of Industrial Development Agency JSC [PL: Agencja Rozwoju Przemysłu S.A. (ARP)] and Wałbrzyskie Zakłady Koksownicze ‘Victoria’ S.A.. The ECh&W Law Firm was chosen to provide legal services throughout the whole procedure.

    On 28th March 2019 the President of the Office of Competition and Consumer Protection  issued a consent, for Industrial Development Agency JSC, to take control over Wałbrzyskie Zakłady Koksownicze ‘Victoria’. The ECh&W Law Firm conducted legal services covering the whole procedure before the Office of Competition and Consumer Protection [PL: Urząd Ochrony Konkurencji i Konsumentów], including preparation a motion for a consent to implement a concentration.

    The ECh&W Law Firm once again represented Industrial Development Agency JSC in the antimonopoly proceeding before the President of the Office of Competition and Consumer Protection. The main purpose of the proceeding was to issue, by the authority, a consent to implement a concentration in which Industrial Development Agency JSC takes control over Wałbrzyskie Zakłady Koksownicze ‘Victoria’ in Wałbrzych. After the antimonopoly proceeding was conducted the President of the Office of Competition and Consumer Protection   issued a consent for a concentration. At the same time, the President did not impose any additional requirements on the companies as well as did not order to take any actions which would go beyond activities indicated by Industrial Development Agency JSC.

    The motion was prepared by Paulina Kapler (attorney) and Maciej Szmigiero (PhD) from Regulation and Protection of Competition Department which is headed by Magdalena Czuba-Wąsowska (attorney, partner).

    The concentration, approved by the President of the Office of Competition and Consumer Protection, will consist in taking, by Industrial Development Agency JSC, control over Wałbrzyskie Zakłady Koksownicze ‘Victoria’ S.A. through acquiring, from Towarzystwo Finansowe Silesia sp. z o.o., part of „Victoria’s” stocks which constitute 58,36 % of its share capital.

    The essential product of Wałbrzyskie Zakłady Koksownicze is production and sale of coke and other carbon-based products. Taking exclusive control over Wałbrzyskie Zakłady Koksownicze gives Industrial Development Agency JSC the exclusive impact on the company and as a result it provides Wałbrzyskie Zakłady Koksownicze with the further development opportunities.

    ‘The Legal Market’ Plebiscite on transaction of the 2018 finally settled!

    The opinion-giving ‘Rynek Prawniczy’ Portal presented the results of the Plebiscite, in which many lawyers participated, on the most crucial transaction of the 2018. The silver medal was won by both the ECh&W Law Firm and Clifford Chance which provided services for Industrial Development Agency JSC [PL: Agencja Rozwoju Przemysłu S.A. (ARP)].

    The main purpose of voting was to distinguish law firms which during handling the most complex operations (visible and highly publicised) remain in the shadow.

    Among 21 options placed on the list, the readers decided to cast their votes on the process of acquisition of PESA Bydgoszcz S.A. by the Polish Development Fund [PL: Polski Fundusz Rozwoju], and thus the Polish Development Fund won gold medal. During the process of repurchasing of almost 100% of stocks from the existing principal shareholders of the company, the Polish Development Fund was supported by Weil, Gotshal & Manges Law Firm. PESA Bydgoszcz S.A and its owners were represented by Linklaters Law Firm.

    The second place in the Plebiscite, and thus gold medal won the transaction of repolonisation and nationalisation in which national Industrial Development Agency JSC reacquired from Ukrainian entrepreneur Serhij Taruta 81,05% of Gdańsk Shipyard’s [PL: Stocznia Gdańska] stocks. Both Clifford Chance and the ECh&W Law Firm provided legal services for Polish party and on the other hand, Gdańsk Shipyard was represented by Hogan Lovells.

    The third place was awarded ex aequo for:

    – the transaction of purchase, by Redefine Properties and companies of Griffin Real Estate Funds, of Penattoni Europe’s logistics parks. Legal services were provided by Linklaters; Weil, Gotshal & Manges;

    – the transaction of conslucion, by Ministry of National Defence Republic of Poland [PL: Ministerstwo Obrony Narodowej] of offset agreements with American arms companies (Raytheon and Lockheed Martin). Legal services were provided by DLA Piper; KW Kruk and Wspólnicy; White & Case.

    Complete results of voting available at: http://rynekprawniczy.pl/2019/03/21/plebiscyt-rynku-prawniczego-na-transakcje-roku-2018-rozstrzygniety/

    The ECh&W Law Firm as a sector partner on The Rail Market Portal. Interview with Filip Elżanowski (PhD, managing partner)

    Since the beginning of 2019, The ECh&W Law Firm became a partner of Law and Politics’ Department on Rail Market Portal (www.rynek-kolejowy.pl). Within the framework of cooperation on the given Portal there will appear legal analyses and articles informing about the latest changes in legislation and about interesting court judgements. The initial published article was an interview with Filip Elżanowski (PhD) who is the ECh&W Law Firm managing partner. In the interview he presents the most important challenges and threats to rail transport sector as well as some main directions for the Law Firm’s further development in transport sector. We would like to kindly encourage you to get familiar with the interview.

    www.rynek-kolejowy.pl

    Kancelaria ECh&W partnerem działu na portalu RK. Wywiad z dr hab. Filipem Elżanowskim (Plik PDF)

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