ECh&W

Contact

tel.: +48 22 745 32 35/36
tel./fax: +48 22 621 21 32
mail: sekretariat@echw.pl

  • Specialisations

    Legal audits

    We provide comprehensive legal services covering legal audits of both private and public entities as well as business ventures that include the purchase of assets of companies and entire enterprises, including as part of the due diligence assessments conducted during the transaction process.

    Our experience in the conducted legal assessments is related to the comprehensive transaction support provided for many business ventures covering the purchase of individual assets or enterprises.

    The diverse range of our employees’ specialisations makes it possible for us to conduct full legal audit of entrepreneur’s activity that covers all aspects of his operation. Based on the comprehensive knowledge of business consulting and specific specialisation the members of our team are able to diagnose multipronged risks during the audit assessment that are related to the planned transaction. They are also able to prepare models of management of the revealed risks as well as instruments mitigating them.

    A legal audit may cover:

    • corporate issues;
    • real properties;
    • movables;
    • contracts and obligations;
    • issues related to the competition protection, including state aid;
    • securities;
    • intellectual and industrial property rights;
    • administrative and regulatory matters, including issues related to the energy law and environmental protection law;
    • issues related to the transport, including rail transport;
    • court and arbitration proceedings;
    • issues related to the employment and labour and social security law;
    • insurance;

     

    Our key Clients whom we provide or provided with services concerning legal audits:

    • Industrial Development Agency JSC [PL: Agencja Rozwoju Przemysłu S.A.]
    • SPV Operator sp. z o. o.
    • Centrum Bankowo-Finansowe „Nowy Świat” S.A.
    • LOT Polish Airlines [PL: Polskie Linie Lotnicze LOT S.A.]
    • Ministry of Sport and Tourism of the Republic of Poland [PL: Ministerstwo Sportu i Turystyki]

    Magdalena Czuba - Wąsowska

    attorney, PhD, partner
    magdalena.czuba@echw.pl
    tel.: +48 22 745 32 35

    Cybersecurity

    We provide services in the field of legal aspects of cybersecurity based on the Act of the National Cybersecurity System [PL: ustawa o krajowym systemie cyberbezpieczeństwa]. We advise key service operators, digital service providers, sectorial cybersecurity teams, research institutes, public and private entrepreneurs as well as public administration authorities relevant to the cybersecurity matters.

    Our services include:

    • security incident handling as well as identifying and reporting serious incidents;
    • conducting and participating in the information system security audits;
    • supporting the legislative process and supporting the creation of the normative acts within the scope of the cybersecurity legislation.

    We represent our Clients in the audit procedures before the bodies related to the cybersecurity matters and also in all cases concerning imposing administrative penalties due to violation of the provisions of the Act of the National Cybersecurity System [PL: ustawa o krajowym systemie cyberbezpieczeństwa].

    Krzysztof Andrzej Wąsowski

    attorney, PhD, partner
    krzysztof.wasowski@echw.pl
    tel.: +48 22 745 32 35

    Energy and industry

    We provide comprehensive legal services for the energy market participants: energy enterprises and industrial plants.

    Our services for energy enterprises cover production, transfer, distribution and trade of electric energy, heat, and gas and liquid fuels. The scope of our competence covers especially: responsibilities related to the performance of licenced activity, status of the system operator, concession and tariff proceedings, adversarial proceedings (e.g. concerning connection to the power grid or refusal to enter into the agreement), support systems for renewable energy, highly efficient cogeneration and efficient energy use, capacity market and greenhouse gas emission allowance trading.

    Our services include:

    • preparing specialised legal opinions answering questions asked by the Client or offering solutions to the described problems;
    • advising on the compliance of performed or planned activity with the regulatory requirements of the energy market: we design legal solutions adjusted to the specific business models;
    • analyses of regulatory risks: we assess them and indicate the methods of minimising them;
    • advising on the matters related to the renewable energy sources, highly efficient cogeneration, efficient energy use, capacity market and greenhouse gas emission allowance trading;
    • preparing and evaluating agreements concerning the performance of business activity on the market of electric energy and gas and liquid fuels;
    • representation in the proceedings before the President of the Energy Regulatory Office [PL: Prezes Urzędu Regulacji Energetyki] and in adversarial proceedings.

     

    As we understand the specificity of the industrial plants (especially energy-consuming plants), we also provide legal services covering:

    • advising on the formation of energy management in the given industrial plant or capital group, including such issues as self-production (production of electricity or heat for personal use) and optimisation of costs of obtaining energy supplies using various tax relief and exemptions;
    • preparing and negotiating agreements with the suppliers of electric energy, gas, heat and liquid fuels;
    • support during the fulfilment of obligations within the scope of support system for renewable energy sources, highly efficient cogeneration and efficient energy use;
    • advising on the participation in renewable energy sources auctions and capacity market;
    • courses for the industrial consumers of electric energy, gas, heat, and liquid fuels.

     

    In response to the market expectations and frequent changes in the law, we gained competence in advising on legislative matters and we offer:

    • monitoring of legislation (monitoring of legislative work of ministries, the Sejm and the Senate [PL: Sejm i Senat Rzeczypospolitej Polskiej] as well as law-making authorities of the EU);
    • preparing legal alerts informing about drafted changes in the legal environment and their results;
    • preparing amendments to draft legal acts (in the form of professional legislative drafts with the statement of reasons);
    • support during public consultations and parliamentary work.

     

    We are the experts of energetyka24.com – the biggest online portal centred around the energy industry.

     

    Our key Clients whom we provide or provided with energy industry services:

    • PGE Capital Group [PL: PGE Polska Grupa Energetyczna S.A.] and companies belonging to the PGE capital group (PGE Obrót S.A., PGE Górnictwo i Energetyka Konwencjonalna S.A., PGE Energia Odnawialna S.A.)
    • ENEA S.A. and companies belonging to the ENEA capital group (ENEA Wytwarzanie sp. z o.o., ENEA Operator sp. z .o.o., ENEA Trading sp. z o.o.)
    • PGNiG – Polish Oil and Gas Company [PL: Polskie Górnictwo Naftowe i Gazownictwo S.A.] and companies belonging to the PGNiG capital group (PGNiG Obrót Detaliczny sp. z o.o., PGNiG Termika S.A.)
    • PKP Energetyka S.A.
    • Polenergia S.A. and companies belonging to the Polenergia capital group (e.g. Polenergia Dystrybucja sp. z o.o., Polenergia Obrót S.A., Polenergia Biogaz sp. z o.o.)
    • Forum Odbiorców Energii Elektrycznej i Gazu (Chamber of Industrial Energetics and Energy Customers [PL: Izba Energetyki Przemysłowej Odbiorców Energii])
    • PKN Orlen S.A.
    • TAMEH Polska sp. z o.o.
    • Fortum Heat and Power Polska sp. z o.o.
    • RAFAKO S.A.
    • Chemical industry companies: Grupa Azoty Zakłady Azotowe “Puławy” S.A., PCC Rokita S.A., PCC Exol S.A.
    • Paper industry and wood processing industry companies: Stora Enso Narew sp. z o.o., The Barlinek Group [PL: Barlinek S.A.]
    • Cement industry companies: Cementownia Warta S.A., Cementownia Odra S.A., CEMEX Polska sp. z o.o.
    • Mining and metallurgical industry companies: Zakłady Górniczo-Hutnicze “Bolesław” S.A., Huta Cynku “Miasteczko Śląskie” S.A., Huta Łaziska S.A., RE Alloys sp. z o.o., ArcelorMittal Poland S.A.
    • Glass industry companies: Pilkington Polska sp. z o.o., Pilkington Automotive Poland sp. z o.o., Pilkington IGP sp. z o.o., Guardian Częstochowa sp. z o.o.
    • Ceramic industry companies: Ceramika Nowa Gala S.A., Ceramika Końskie sp. z o.o.

    Anna Kucińska - Bar

    attorney, partner
    anna.kucinska@echw.pl
    tel.: +48 22 745 32 35

    Filip Elżanowski

    attorney, PhD, managing partner
    filip.elzanowski@echw.pl
    tel.: +48 22 745 32 35

    Financing investment projects

    We offer legal aid for the investors and entrepreneurs interested in obtaining external funds for the implementation of investment projects. We provide comprehensive legal counselling, starting from the selection of form of financing investment projects, obtaining the funds, and formal and procedural support of the entire process. We specialise in legal services for entities implementing projects supported with public funds, including seed and venture capital investors. We closely cooperate  with our Clients and support the promotion of their products and services as well as help them to develop their business activity. We handled reputable start-ups, important VC funds as well as Clients implementing investment projects, especially focusing on the innovation and new technologies.

    We conduct legal analyses of enterprises and investment projects. We have business and legal experience in handling venture capital transactions.

    Furthermore, we offer legal support within the scope of preparing procedures of selecting financial intermediaries and investment proposals as well as in terms of assessment of their compliance with the national law and the EU law.

     

    Our services include:

    • preparing specialized legal opinions answering questions asked by the Client or offering solutions to the described problems;
    • legal counselling within the scope of selection of the legal model for the operation of the venture capital and corporate venture capital and legal counselling during the process of their establishment;
    • legal analyses focused on the company activity in terms of the possibility of obtaining funding;
    • preparing investment project implementation strategy, including offer documents for the investors;
    • preparing drafts of investment agreements for the implementation of the project.

     

    Our key Clients whom we provide or provided with services concerning financing investment projects:

    • Polish Development Fund [PL: Polski Fundusz Rozwoju S.A.]
    • PFR Ventures sp. z o. o.
    • Industrial Development Agency JSC [PL: Agencja Rozwoju Przemysłu S.A.]
    • Polish Investment and Trade Agency PFR Group [PL: Polska Agencja Inwestycji i Handlu S.A.]
    • Adiuvo Investments S.A.
    • Orenore Industries sp. z o. o.

    Paulina Kapler

    attorney, senior associate
    paulina.kapler@echw.pl
    tel.: +48 22 745 32 35

    Infrastructure

    We provide comprehensive legal counselling for Polish and foreign entrepreneurs operating in the broadly defined sector of infrastructure. We work on the infrastructural investment projects such as modernisations of railroads and railway stations, construction of roads and engineering projects. We have long experience in all the key aspects of consultancy for the ordering parties, general contractors, subcontractors, investors and design companies.

    We provide legal aid for the operators of intermodal terminals, freight forwarders and operators of seaports. We support a dynamically evolving market of container transport that combines sea, water, rail and road transport.

    We successfully provide legal aid related to claims arising from faulty design documentation, failure to release construction site on time, overheads of the construction, calculated contractual penalties, refusal to grant track closures, payment of remuneration and its increase, payment for finished additional and replacement works, effectiveness of withdrawal from the agreement, guarantee works or unjustified usage of security by the investor.

    We specialise in civil and legal aspects related to the operation in the infrastructure sector as well as the public ones that also cover consultancy within the scope of certification of rail structural subsystems in terms of their compliance with the Technical Specifications for Interoperability and other standardising documents.

    Michał Zięba

    attorney, associate partner
    michal.zieba@echw.pl
    tel.: +48 22 745 32 35

    Financial institutions and banking law

    We advise national and foreign institutions operating on the financial market. We provide legal aid for lending institutions and banks within the scope of preparing and verifying terms and conditions, preparing loan agreements between the entrepreneurs and between the entrepreneurs and consumers. We evaluate sample agreements, especially in terms of contractual clauses considered by the Court of Competition and Consumer Protection [PL: Sąd Ochrony Konkurencji i Konsumentów] to be illegal. We provide services for financial institutions that are related to regulatory matters, especially within the scope of compliance of the conducted and planned operation with the provisions of the law.

    Our services include:

    • preparing specialised legal opinions answering questions asked by the Client or offering solutions to the described problems;
    • advising on the compliance of offered or planned credit products with the regulatory requirements of lending institutions market: we design legal solutions adjusted to the specific business models;
    • analyses of regulatory risks: we assess them and indicate the methods of minimising them;
    • advising on the matters concerning granting consumer credits, meeting precautionary demands by credit institutions and investment companies;
    • preparing and evaluating agreements concerning the performance of business activity related to granting consumer credits;
    • advising on regulatory matters, including within the scope of banking secrecy, bank accounts, consumer credits, outsourcing, securities for a debt and general issues concerning private and public banking law;
    • representing lenders in proceedings concerning the so-called ‘credits in the Swiss franc’;
    • representing in the proceedings before the President of the Office of Competition and Consumer Protection [PL: Prezes Urzędu Ochrony Konkurencji i Konsumentów] and pending proceedings before the Court of Competition and Consumer Protection [PL: Sąd Ochrony Konkurencji i Konsumentów].

     

    Advising on legislation is an important part of our services and includes:

    • monitoring of legislation (monitoring legislative work of ministries as well as the Sejm and the Senate [Sejm i Senat Reczypospolitej Polskiej]);
    • preparing amendments to draft legal acts (in the form of professional legislative drafts with the statement of reasons);
    • support during parliamentary work.

     

    Our key Clients whom we provide or provided with services concerning financial institutions:

    • Provident Polska S.A.
    • PKO BP S.A.
    • VIVUS FINANCE sp. z o. o.
    • ZAPLO sp. z o. o.

    Karolina Lorenc - Pawlak

    attorney, associate partner
    karolina.lorenc@echw.pl
    tel.: +48 22 745 32 35

    Rail transport

    We provide comprehensive services for companies from the broadly defined rail industry, including rail carriers, rail administrators, producers of rolling stocks and elements of infrastructure and other entities operating in this sector.

    The scope of our counselling covers e.g. proceedings before the President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego], including:

    • audit proceedings;
    • proceedings concerning obtaining permits and certificates authorising types of rail vehicles for operation;
    • proceedings regarding obtaining licences, certificates, authorisations and safety certificates.

    We advise on matters related to the EU regulations and investment processes in the rail transport sector. We also represent our Clients before other administrative authorities and before courts (including the Court of Competition and Consumer Protection [PL: Sąd Ochrony Konkurencji i Konsumentów]).

    We provide ongoing legal services for rail companies. We prepare opinions and legal expert’s reports, road maps for proceedings focused on rail law and related issues; we analyse agreements and prepare contracts for business enterprises. We conduct audits and prepare projects of safety management systems or regulations for industrial spurs operation. We represent rail companies in cooperation with notified certification and audit units, authorised entities and evaluating units as well as in audit proceedings and cases related to the punishments or sanctions imposed by the public administrative authorities.

    We prepare legal opinions and prepare and assess contracts of purchase, leasing or charter of means of transport and their equipment as well as contracts of freight forwarding, transport, access to infrastructure and other.

    We conduct legal disputes and represent our Clients at every stage of the proceedings.

    We advise on the transactions of mergers and acquisitions. We conduct legal audits of business entities from rail sector.

     

    Our key Clients whom we provide or provided with rail services:

    • Agencja Rozwoju Przemysłu S.A.
    • Agrostop sp. z o.o.
    • Alstom Ferroviaria S.p.A.
    • Alstom Konstal S.A.
    • Alstom Transport Deutschland GmbH
    • Bombardier Transportation GmbH
    • Certa sp. z o.o. sp. k.
    • CRRC ZELC EUROPE
    • Electren S.A.
    • Enea S.A.
    • EUROWAGON sp. z o.o.
    • Fabryka Pojazdów Szynowych im. H. Cegielskiego w Poznaniu S.A.
    • Industrial Division sp. z o.o.
    • Kyosan Electric Mfg. Co. Ltd
    • KZN Bieżanów sp. z o.o.
    • Leo Express s.r.o.
    • Newag Gliwice S.A.
    • Newag S.A.
    • OLPP sp. z o.o.
    • PCC Rokita S.A.
    • PESA Bydgoszcz S.A.
    • PGE Górnictwo i Energetyka Konwencjonalna S.A.
    • PKP Energetyka S.A.
    • PKP S.A.
    • Pol-Miedź Trans sp. z o.o.
    • Polski Tabor Szynowy sp. z o.o.
    • Przewozy Regionalne sp. z o.o.
    • Rail Polska sp. z o.o.
    • Schweerbau GmbH & Co. KG
    • Siemens Mobility sp. z o.o.
    • Skoda Transportation a.s.
    • STK S.A.
    • Torpol S.A.
    • Urząd Transportu Kolejowego
    • Vias Y Consrucciones S.A.
    • Warta S.A.

    Marek Kowalski

    attorney, associate partner
    marek.kowalski@echw.pl
    tel.: +48 22 745 32 35

    Michał Zięba

    attorney, associate partner
    michal.zieba@echw.pl
    tel.: +48 22 745 32 35

    Contracts in business transactions

    Many years of practice in providing services for enterprisers operating on various markets have enabled us to gain experience in preparing and verifying different types of contracts required for safe operations in business transactions, especially trade contracts.

    We prepare nominate contracts (with their essential aspects based on the provisions of the acts, especially the Civil Code [PL: Kodeks cywilny]) as well as various mixed and innominate contracts. We prepare templates of agreements and regulations that are fully adjusted to the requirements of our Clients and purposes of the given agreement.

    We prepare contracts securing interests of our Clients and we pay attention to the fact that a contract should be aimed at the execution of business and should not make it impossible by creating terms and provision that will obviously not be accepted by the contractor.

    We conduct negotiations concerning content of agreements and provide support for our Clients when they are concluding them and in situations when they have to withdraw from them or terminate them. We advise on the execution of contracts by preparing letters and summons for the contractors, especially in cases of failure to perform the agreement or an undue performance of agreement by the other party.

    We conduct legal audits (due diligence) within the scope of designated agreements based on which we prepare reports presenting legal risks arising from the specific contracts.

    Our key Clients whom we provide or provided with services related to contracts:

    • Industrial Development Agency JSC [PL: Agencja Rozwoju Przemysłu S.A.] and companies belonging to the ‘ARP’ capital group
    • Industrial Division sp. z o.o.
    • Grupa Żywiec S.A.
    • Pilkington Polska sp. z o.o., Pilkington Automotive Poland sp. z o.o., Pilkington IGP sp. z o.o.
    • Ceramika Nowa Gala S.A., Ceramika Końskie sp. z o.o.
    • Can – Pack S.A.
    • CHEMOVER sp. z o.o.
    • Delta – Gas sp. z o.o.
    • Climbex S.A.
    • PGE Capital Group [PL: PGE Polska Grupa Energetyczna S.A.] and companies belonging to the PGE capital group (PGE Obrót S.A., PGE Górnictwo i Energetyka Konwencjonalna S.A., PGE Energia Odnawialna S.A.)
    • ENEA S.A. and companies belonging to the ENEA capital group (ENEA Wytwarzanie sp. z o.o., ENEA Operator sp. z .o.o., ENEA Trading sp. z o.o.)
    • Polenergia S.A. and companies belonging to the Polenergia capital group (e.g. Polenergia Dystrybucja sp. z o.o., Polenergia Obrót S.A., Polenergia Biogaz sp. z o.o.)

    Adam Szalc

    attorney, partner
    adam.szalc@echw.pl
    tel.: +48 22 745 32 35

    Legislation

    We provide comprehensive legal services related to legislation and advise on regulatory matters concerning operation of public and private entities.

    Our services include:

    • evaluating draft laws;
    • preparing legal alerts informing about designed changes in the legal environment and their results;
    • preparing draft legislation guidelines, draft legal acts (laws, regulations) in the form of professional legislative drafts with the statement of reasons;
    • representing and participating in team work at public administration authorities;
    • preparing analyses and reports that justify the implementation of new regulations;
    • support during public consultations and parliamentary work;
    • preparing drafts of internal regulations (statutes, regulations, instructions, decisions);
    • preparing analyses and legal opinions concerning legal conditions of public and private entities operation, especially within the scope of public utility;
    • preparing programmes and ‘road maps’ for entities engaged in regulated activity.

     

    Our key Clients whom we provide or provided with legislation services:

    • Polish Development Fund [PL: Polski Fundusz Rozwoju S.A.]
    • Polish Investment and Trade Agency PFR Group [PL: Polska Agencja Inwestycji i Handlu S.A.]
    • PGE Capital Group [PL: PGE Polska Grupa Energetyczna S.A.]
    • PGE Energia Odnawialna S.A.
    • PGNiG – Polish Oil and Gas Company [PL: Polskie Górnictwo Naftowe i Gazownictwo S.A.]
    • PGNiG Termika S.A.
    • ENEA S.A.
    • Forum Odbiorców Energii Elektrycznej i Gazu (Chamber of Industrial Energetics and Energy Customers [PL: Izba Energetyki Przemysłowej Odbiorców Energii])
    • Izba Gospodarcza Ciepłownictwo Polskie
    • Fortum Heat and Power Polska sp. z o.o.
    • SGH Warsaw School of Economics [PL: Szkoła Główna Handlowa w Warszawie]
    • The Ministry of National Education [PL: Ministerstwo Edukacji Narodowej]
    • Bioelektra Group S.A.
    • Vivus S.A.
    • Krajowy Rejestr Długów
    • ‘Polish Airports’ State Enterprise [PL: Przedsiębiorstwo Państwowe „Porty Lotnicze”]

    Magdalena Czuba - Wąsowska

    attorney, PhD, partner
    magdalena.czuba@echw.pl
    tel.: +48 22 745 32 35

    Air transport

    We provide comprehensive services for business entities from the broadly defined aviation industry, including air carriers, airport administrators and other entities operating in this sector. We work with private investors on the purchasing process of planes.

    Our services include:

    • comprehensive legal services covering the process of plane purchase (fleet and individual planes), including negotiating purchasing agreements, contracts related to obtaining funds for purchase and agreements with aviation operators;
    • preparing legal opinions on the aviation law;
    • representing Clients before the President of the Civil Aviation Authority [PL: Prezes Urzędu Lotnictwa Cywilnego];
    • preparing and analysing contracts of purchase, leasing or charter of airplanes and their equipment;
    • representing Clients in court disputes and at every stage of the proceedings;
    • advising on the transactions of mergers and acquisitions of aviation sector entities;
    • carrying out legal audits of entities conducting economic activity in the aviation industry.

     

    Our key Clients whom we provide or provided with services related to air transport:

    • LOT Polish Airlines [PL: Polskie Linie Lotnicze LOT S.A.]
    • LS Airport Services S.A.
    • ‘Polish Airports’ State Enterprise [PL: Przedsiębiorstwo Państwowe „Porty Lotnicze”]
    • Newlyn sp. z o.o. sp. kom.
    • Eurolot S.A.

    Małgorzata Cur

    attorney, partner
    malgorzata.cur@echw.pl
    tel.: +48 22 745 32 35


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