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    Infrastructure investments in the context of forming a uniform energy market in Europe. VIII Energy Forum with the participation of Filip Elżanowski, PhD

    VIII forum energetyczneVIII edition of Energy Forum took place on 16-18th December in Sopot. This year, the debates, presentations and lectures of the invited guests were arranged in three thematic trails: “Exploitation, Transport and Processing of Hydrocarbons”, “Production and Distribution of Electricity” and “OZE, Climate Policy and Ecology with Environment Protection”. Elżanowski Cherka & Wąsowski Law Office was the official partner of the Forum.

    Maksymilian Cherka, PhD, becomes a member of Urban Land Institute Europe

    Dr Maksymilian Cherka w ULIWe are happy to inform that Maksymilian Cherka, PhD, partner in Elżanowski Cherka & Wąsowski Law Office, has been accepted as a member of Urban Land Institute Europe.

    “Between Orthodoxy and Creation. Conservatory-Architectural Dialogue” – lecture by Patrycja Antoniak, PhD

    dr Antoniak sesja konserwatorskaBetween 16-17th October 2013, the fifth conference of the “Between orthodoxy and creation. Conservatory-architectural dialogue” series, organized by the National Ethnographic Museum in Warsaw together with the Association of Polish Architects (SARP) and the Association of Monument Conservators took place.

    The lecture of Patrycja Antoniak, PhD, during LXIV edition of the “Computer Law Academy” seminar

    dr Patrycja Antoniak”Copyright in Architecture and Design” – this is the title of LXIV edition of the COMPUTER LAW ACADEMY series, organized by the IT Promotion Centre.

    “Around Legal Problems Concerning Reconstruction of Regulations Defining the Term of Entity Executing Last Resort Supplier’s Tasks” – publication by Filip Elżanowski, PhD, in iKAR quarterly

    Elzanowski iKAR_600iKAR no.  6/2013

    The latest issue of  Ikar (Antitrust and Regulatory Quarterly) is devoted to energy law issues.

    It is an area of the law constantly undergoing dynamic changes.  (more…)

    Court Proceedings in the Flash Lights – opinions of lawyers on mediagenic cases

    Dziennik Gazeta Prawna – the “Lawyer” supplement, 6–8th September 2013

    In the context of the event such as the case of Katarzyna W. and commonly presented in the media opinions that the defender of Madzia’s mum who delivered weak final speech, did not withstand the pressure created by continuous interest of the media, the following questions arises – what are the pros and cons of participating in much-publicized court trials? 
    Dziennik Gazeta Prawna in the article entitled “Crime, Punishment and the Flash Lights” asked for the opinion of the lawyers taking part in such cases.

    – The fact that someone’s surname will become known is definitely very important in case of a profession based on recommendations. These moments of fame are frequently the dream of many young lawyers – says Jolanta Turczynowicz-Kieryłło, president of De Virion Academy, attorney defending the policemen in the much-publicized Olewnik case. However, she adds that the role of the attorney in such trials in exceptionally difficult. The attorney must frequently vanquish public moods and undertake a solitary challenge. Sometimes a challenge against a wave that may also cause some damage to the attorney.


    Congratulations! We wish to share with you the success of our colleague, Mr Marcin Kopeć, attorney-at-law – partner in our Law Office

    Ladies and Gentlemen,
    We wish to share with the success of our colleague, Mr Marcin Kopeć, attorney-at-law – partner in our Law Office.

    On 24th September 2013, public defence of the doctoral dissertation of Mr Marcin Kopeć, attorney-at-law, took place. By virtue of the unanimous resolution of the Faculty Council of WPIA UKSW (the Faculty of Law and Administration of the Cardinal Stefan Wyszyński University), Mr Marcin Kopeć received the scientific title of doctor in law. Mr Attorney defended doctoral dissertation entitled “Administrative and Legal Problems of Crisis Management with Particular Consideration of Legal Regulation” whose promoter was Irena Lipowicz, PhD hab., Prof. of UKSW, Human Rights Defender.

    We warmly congratulate!
    We wish even more success!

    “Signed Contract Must Be Fulfilled” – NCS will pay Rafał Kapler overdue remuneration

    dr_Wasowski_600The National Sport Centre must pay Rafał Kapler over half a million zlotys along with interests regarding his additional remuneration for exercising the position of the President of Board of that company. The sentence in this case was issued on 21st August 2013 by the Warsaw Regional Court. The representative in litigation of Rafał Kapler was Krzysztof Wąsowski, PhD, attorney-at-law, partner in Elżanowski Cherka & Wąsowski Law Office.

    – A contract once signed must be fulfilled; the Court interpreted the managerial contract in the same way as did my client. He did not strive for any bonus, award, severance, but merely the second part of his overdue remuneration regarding the months in which he worked – said in a talk with journalists Atty Krzysztof Wąsowski, representative in litigation of the former NCS head.

    Judge Paweł Pyzio in the statement of reasons for his verdict pointed out that there is no doubt that the contract was binding for both parties. He added that, according to the contract, the plaintiff was entitled to additional remuneration and that it was not severance pay “connected only with early dismissal of the plaintiff from his duties of the company board member”. He also stressed that the Court, resolving the dispute between the parties, had in mind only the provisions of the contract linking the parties and the legal regulations, and that only on that basis the Court judged the legitimacy of the plaintiff’s claim. He added that the amount which the plaintiff demanded was not severance pay within the meaning of the act on Euro 2012. Pursuant to that act, payment of severance pay in amount exceeding one monthly salary was forbidden.

    Rafał Kapler was dismissed from the position of the President of the National Sport Centre, the company managing the construction of the National Stadium in Warsaw in February 2012. The Ministry of Sport did not agree to the payment of the amount provided for in the contract in case of his early dismissal from NCS. Rafał Kapler filed a lawsuit; he proposed NCS concluding a settlement with regard to the amount of PLN 571 thousand 187 and 50 grosz. The proposal of the settlement included withdrawal from the demand of interests, yet the settlement was not concluded.

    The verdict is not final and binding. NCS is expecting grounds in writing, after which they will consider making an appeal.


    Polish companies conquer Africa

    polskie_firmy_afrykaPuls Biznesu

    We have over 1000 from Poland actively operating in West Africa — reports Filip Elżanowski of Elżanowski Cherka & Wąsowski Law Office, who since May has helped register 26 companies with exclusively Polish capital in Senegal.

    Fair Minds Consulting Group – a business consultancy company from the Orenore Industries group belonging to Marek Orłowski, founder of Nepentes – is working on projects related to more companies. In May this year, together with Elżanowski Cherka & Wąsowski Law Office, it signed contract for co-operation with the Senegalese governmental investment promotion agency, APIX, pursuant to which nearby the capital city of the country, Dakar, establishing special economic zone is planned.

    In January we will organize in Dakar a congress for which we are inviting companies from Europe and West Africa — says Artur Zdybicki, President of Fair Minds Consulting Group, and emphasizes that Senegal is the gate to the one hundred million market of eight countries of the West African Economic and Monetary Union.
    Among the Polish companies investing in Senegal, one should mention Grupa Azoty Zakłady Chemiczne “Police” which bough 55 per cent of shares in a Senegalese company with concession for exploration of calcium phosphate and ilmenite sands deposits.

    Also Nigeria invites Polish companies to conduct business activity. The pioneer on that market among the Polish investors is Jan Kulczyk who engaged in petroleum deposits exploration.
    Chinedu Nebo, the Minister of Energy Industry of that country which is rich in coal deposits, is ready to grant concessions to Polish companies offering modern technologies in the mining sector for a period of 25-30 years.

    In Central Africa, for example PGNiG conducts its investments – they are searching for petroleum and gas deposits, Grupa Azoty – they are planning the construction of a new fertilizer factory, Kopex (mining machinery assembly plant in RSA), Polmos Białystok (alcohols), Mokate (coffee and tea) and also Krezus – Roman Karkosik’s company (exploration of gold, nickel and bauxite deposits).
    The GoAfrica programme, commenced this year by the Polish government, also has considerable importance for the development of co-operation with African countries.

    photo: ARC
    Source: Puls Biznesu, 30th August 2013

    Maksymilian Cherka, attorney-at-law, received the “Meritorious for Warsaw” title

    Cherka_janosikowe_518The “Meritorious for Warsaw” title is the most important award that a resident of Warsaw can receive. It is granted to entities that stand out by their activities for the benefit of the City, in particular with regard to social, scientific and educational sphere.
    In this edition, the persons working on the “Stop Janosikowe” initiative were honoured. It is a group that has proposed the concept of forwarding “Janosikowe” to the Constitutional Tribunal and co-organized the action of collecting signatures supporting the citizens’ draft of amendment to the current act on local self-government finance.

    Handing the distinction, Ms Ewa Malinowska-Grupińska – Chairman of the Capital City of Warsaw Council, said that: “granting distinctions to the group of the “Stop Janosikowe” action initiators is a gesture of appreciation on the part of the Capital City of Warsaw Council with regard to pro-community attitude that is exceptionally worth promoting, which aims at passing reform to the act on local self-government finance. These long-term activities contributed to creating more and more aware structures of civil society and this may be the greatest, although, perhaps, unintentional added value of the “Stop Janosikowe” action.

    Among the honoured persons, there are: Maksymilian Cherka – PhD in law, Michał Dąbrowski – entrepreneur and social activist, Marcin Wiącek – constitutionalist, Aleksander Nelicki – PhD in psychology, Andrzej Debiec – legal and tax adviser, Maciej Bogucki – entrepreneur, Rafał Szczepański – entrepreneur and social activist.

    More information: The Stop Janosikowe initiative members honoured by the authorities of the capital city of Warsaw