ENERGY SECTOR, SECTOR-SPECIFiC REGULATIONS, COMPETITION PROTECTION
GJW lawyers have been involved in providing legal services to companies from the energy industry for over a dozen years. We continuously cooperate with one of the leading energy groups in Poland, supported by our team in the largest industry projects in the areas of mergers and acquisitions, acquiring financing, IT, construction investment and public procurement. We also took part in projects carried out in the RES (renewable energy sources) and gas sectors.
Legal counseling and support related to various aspects of the regulatory environment, is one of the foundations on which we are building the activity of the GJW Legal Office. On behalf of our clients, we wrote numerous legal opinions on sectoral regulations. Our team also analyzed draft laws and regulations in the framework of public consultations. The practice of our Legal Office in the field of sectoral regulations also also covers issues related to the protection of competition and consumers.
OUR EXPERIENCE (SELECTED PROJECTS):
Numerous expert legal advisory services and counseling for the electrical power engineering sector in the area of regulatory issues
Analysis of draft regulatory law acts in the framework of public consultations
Legal support provided to the electricity generating company in the course of public consultation of draft regulatory law acts: the Act on Renewable Energy Sources, the Greenhouse Emissions Trading Act and numerous implementing acts.
Providing legal support in the course of execution of the investment project of the flue gas desulphurisation plant (IOS IV) construction with the power capacity of about 800 MWe
Legal advisory services in the course of the execution of the construction investment regarding emission and ventilation ducts within the framework of the construction of the flue gas desulphurisation plants (IOS IV) for a capacity of 800 MWe.
Restrictions on the flow of information in a ‘vertically integrated energy company’ - providing legal assistance in the implementation of organizational solutions
Multifaceted analysis and legal support in the course of implementation of organizational solutions limiting the free flow of information between entities forming a capital group which is a "vertically integrated energy company" within the meaning of the Polish Energy Law Act.
Obtaining consent of the President of the Office for Competition and Consumer Protection (UOKIK) to effect a concentration consisting in the acquisition of the shares of the special purpose vehicle company Elektrownia Ostrołęka S.A.
Applying for and obtaining consent of the President of the Office of Competition and Consumer Protection (UOKiK) to effect a concentration consisting in the purchase of shares of a special purpose vehicle company Elektrownia Ostrołęka S.A. located in Ostrołęka, for the purpose of the preparation, construction and operation of a 1000 MW hard coal-fired power plant block.
We advise on how to utilize legal instruments to achieve optimal business results of purchase procedures. Our experience covers numerous different proceedings of all types: connected with the use of the EU funds, public contracts under the legal regime of the Public Procurement Law Act and tenders organized under the provisions of the Polish Civil Code. Our team had opportunities to support complex procedures with significant values. We also have experience in so-called joint procurement procedures for entities forming purchasing groups.
We offer comprehensive legal support in the area of purchasing procedures. We attach great importance to the stage of preparation of the procurement procedure and preparation of the tender documentation. We support our clients in establishing purchasing strategies, internal regulations concerning legal proceedings and tender documentation standards.
We have experience in the execution of the projects concerning the optimization of purchase costs in capital groups. Our law firm also supported the development of joint service centers in the gas and energy industry.
Construction of a 15 MW wind farm - public procurement procedure (PZP)
Legal consultancy related to the procedure for awarding public procurement for the execution of a 15 MW wind farm investment project.
Legal counsel regarding procurement proceedings carried out in connection with many projects financed by European Union funds
Legal counsel for beneficiaries of EU funds in the framework of the implementation of dozens of projects financed by European funds - legal support in procurement procedures implemented in compliance with the principle of competitiveness.
Construction of a power block with a net power output of 1000 MWe
Construction of a supercritical hard coal-fired power unit with a net electrical power of 1000 MWe (the value of the winning bid: over PLN 6 billion gross) - legal counseling in the course of public procurement proceedings.
Purchasing procedures in the leading company of the RES (renewable energy) sector
Drawing up, implementation and ongoing support regarding the purchasing procedures (including procedures for public procurement) for the company of the RES sector leader.
Optimization of purchasing processes in Enea capital group
Legal support provided within the framework of the project ‘Dobre Zakupy’ (‘Good Shopping’) - optimization of the purchasing processes in Enea capital group.
Public procurement procedure concerning the provision of financing in the amount of 500,000,000 PLN
Comprehensive legal support in the course of the public procurement procedure concerning the provision of financing in the amount of 500,000,000 PLN.
Commercial Bond Issue Program in the amount of up to 5,000,000,000 PLN - legal support during the procurement procedure
Comprehensive legal support in the course of the procurement procedure concerning dealer, agency and deposit services in connection with the program of the Commercial Bond Issue in the amount of up to 5,000,000,000 PLN issued by a company from the energy industry.
EU FUNDS - SERVICES FOR BENEFICIARIES AND INSTITUTIONS
We provide legal services within the scope of the projects co-financed with the use of EU funds. We represent our clients before the programme managing authorities and intermediary institutions and support the implementation of procedures for disbursement of the funds, taking into account the principle of competitiveness.
Our experience also includes consulting for the programme managing authorities and supervisory institutions that oversee the execution of specific programs to which we have provided support in the course of control proceeding and in assessing formal defects of beneficiaries and formulating proposals for the amount of the financial correction of the grant awarded to the beneficiary.
Preparations for the implementation of the Operational Programme Eastern Poland 2014-2020 (OP EP 2014-2020)
Legal advisory services for the Ministry of Infrastructure and Development within the framework of preparations for the implementation of the Operational Programme Eastern Poland 2014-2020 (legal consultancy, drafting of legal opinions, preparation of draft legal acts).
Comprehensive, highly specialized consultancy for the Ministry of Infrastructure and Development
The comprehensive and highly specialized legal consultancy services for the Ministry of Infrastructure and Development performed in the period 2015-2016.
Comprehensive legal support provided to a leading consulting company in the field of obtaining EU funding
Providing legal support in the course of several dozens of projects financed with the use of EU funds
Active participation in providing legal support in the execution of several dozens of projects financed with the use of the EU funds - both for the beneficiaries and the programme managing authorities / implementing institutions.
We offer comprehensive legal support in the following transactions: acquisition and sale of companies, merger and division of companies, restructuring and optimization projects. Our team draws up transactional processes and conduct business due diligence , obtains required administrative approvals as well as drafts and negotiates the transaction documents on behalf of our clients. We also provide legal advice in the course of capital raising projects.
Financing from the European Investment Bank (EIB) in the amount of 950,000,000 PLN
Acquiring financing from the European Investment Bank in the amount of PLN 950,000,000 for the execution of investment in the field of electrical energy distribution - legal support during the process.
Legal support for the buyer in the process of acquiring shares in EDF companies in Poland
Bond issue program in the amount of PLN 4,000,000,000
The preparation of the PLN 4,000,000,000 Bond Issue Program as part of the project "Financing for the implementation of investment projects" - legal support of the process.
Legal support for the merger of the companies from the ENEA capital group
Comprehensive legal services supporting the merger process of: ENEA Centrum Sp.z o.o., Entur Sp. with o.o. and IT Serwis Sp. with o.o. belonging to the ENEA Capital Group.
Introduction of cash management and cash pooling mechanisms within a capital group
Project regarding an introduction of comprehensive banking services for the capital group, including among others: implementation of mechanisms of cash management and cash pooling in the capital group - comprehensive legal service of the process.
Setting up a shared services center in the gas industry
Legal support services for a company from the gas sector in the course of the establishment and the development of a shared services center in the capital group.
We have an experienced litigation team, which have represented our clients in hundreds of court disputes. We can offer comprehensive legal representation services in courts and institutions. We support our clients during the pre-trial phase, in the course of mediation proceedings and in proceedings before courts and bodies of public authority.
The knowledge and experience gained in the course of many years of legal practice often allows us to resolve or settle the dispute during the pre-trial stage, without having to engage in a lengthy and costly legal proceedings. We specialize in economic disputes arising from the execution of contractual obligations, compensation proceedings, disputes over transmission easements and disputes related to the protection of property rights.
Handling claims for payment of remuneration for non-contractual use of land and applications for the establishment of a transmission easement
Legal representation of a company dealing with the distribution of electricity in several hundreds of court proceedings in cases concerning claims for payment of compensation for non-contractual use of land and applications for the establishment of easement of transmission.
Providing litigation services and representation to the electricity trading company
Providing litigation services and representation of the electricity trading company - representation of the company in several hundreds of litigations.
Pre-litigation and litigation legal support in the course of court disputes related to the execution of construction investments
Legal representation of employers in numerous disputes in the field of labor law
Representation of employers in litigation regarding, among other things: non-competition clauses, appeals against the termination of employment contracts, mobbing, discrimination, protection of personal rights.
Legal representation of clients in the course of proceedings regarding mediation, arbitration and recovery of claims
We provide comprehensive legal support services in the scope of individual employment and collective employment law. Our team has extensive experience in drafting and negotiating of various documents relating to entering into and terminating employment contracts, management contracts, employment and remuneration regulations, as well as company’s social benefits fund regulations. We represent our clients in labour courts and support them in the course of the control or inspection proceedings conducted by PIP - National Labor Inspectorate and ZUS - State Social Insurance Institution.
We have extensive practical experience in the field of collective labor law. We supported our clients in negotiating collective agreements and supplementary protocols for ZUZP (collective labour agreements for the company) Nn numerous occasions we have advised employers in negotiations with trade unions and employee representatives. We have participated in the conclusion of the remuneration agreements and worked on various documents regarding programs of voluntary redundancies.
Preparing and negotiating managerial contracts and contracts for provision of management services
Legal representation of the clients in disputes with ZUS (The National Social Insurance Institution)
Legal representation of the client before a district court in the course of the disputes with ZUS (The National Social Insurance Institution) in the case concerning the obligation to be subject to social insurance by a member of the management board member providing work under a managerial contract.
Providing legal counsel, reviewing and drafting regarding various documents relating to collective employment law
Providing legal counsel, reviewing and drafting regarding various documents relating to collective employment law - agreements with trade unions, regulations regarding procedures for the election of the council of employees, agreements of the employer with the council of employees.
Comprehensive legal support for the procedure regarding unification of the Company Collective Labor Agreement in PSE S.A. and its branches.
Comprehensive legal support for the procedure regarding unification of the Company Collective Labor Agreement in PSE S.A. and its branches (legal assistance to the employer in the course of the negotiations, in particular during ongoing consultations, as well as drafting the provisions of the collective agreement and the preparation of the recommendations and solutions proposals).
Legal representation of employers in labor court proceedings
Legal representation of employers in court proceedings concerning, in particular, non-competition clauses, appeals against the termination of employment contracts, mobbing, discrimination, protection of personal rights.
Numerous legal and expert opinions issued on complex problems in the area of employment law
The preparation of numerous legal expert opinions and legal counseling concerning, among other things, the following areas: processing of personal data of employees and candidates, working time, business trips, holidays, remuneration rules, safety, health and safety at work, fire protection regulations, reimbursement of eyeglasses cost, jubilee bonuses payment, recruitment procedures, legitimacy of dismissal wage payment, justified and unjustified absence from work and non-competition clauses.
INTERNET, NEW TECHNOLOGIES AND INTELLECTUAL PROPERTY RIGHTS
On numerous occasions we have supported clients during the course of tender procedures, system implementations and pursuing claims connected with IT projects. We have experience in drafting, evaluating and negotiating tender documentation and agreements concerning IT systems - licensing, distribution, implementation and service. Our work always begins with gaining clear understanding of the business objectives and technological conditions of the projects to be executed. We create solutions that ensure effective exercising and protection of our clients' legal rights.
Providing legal support in the construction and implementation of billing and CRM systems in a company from the energy industry
Providing legal support for the design and implementation of the IT Customer Service System including a billing system and a CRM system.
Providing legal support during a project concerning development of a SAP system in a capital group
Comprehensive legal support during a project concerning development of a SAP system in a capital group - supporting the preparation and execution of the procurement procedure with regard to the acquisition of SAP licenses including SAP software support, consulting and training services .
Many years of providing long-term comprehensive legal support for the IT department of a gas and energy company
Many years of providing long-term comprehensive legal support for the ICT Department of a fuel and energy group - legal support in the course of several dozens purchase and implementation processes related to, among others: provision of SAP Enterprise Support, project preparation and implementation of financial statements consolidation, SAP technical upgrade (SAP HR and SAP FI), design and implementation of SAP TREASURY module functionality, purchasing technical support services for Vmware licenses.
Providing legal support for the creation and implementation of the internal regulations regarding corporate IT infrastructure.
Providing legal support during the process of creating and implementing intra-corporate regulations related to IT infrastructure, including, among other things: Instructions for the management of the IT personal data processing system, ITC Management Instructions document, Instructions for the management of the IT system configuration.
We offer comprehensive legal advice for investors, contractors and subcontractors of investment projects. On numerous occasions we have supported a variety of construction projects - at the stage of their planning, preparation and execution of the investment. Our experience covers supporting the investment processes of significant value in the energy sector. We have participated in projects related to the construction and modernization of linear facilities and generating units, including RES. Our offer includes the preparation of tender documentations and construction contracts (contracts for construction works, general contractor work, design works and author's supervision) and legal representation in investment disputes. We also act as authorized legal representative before public architectural and construction administration bodies and building supervision authorities.
Na etapie przygotowywania inwestycji zapewnialiśmy obsługę prawną wielu projektów związanych z pozyskiwaniem kapitału, kontraktowaniem usług finansowych oraz usług obsługi bankowej. Posiadamy duże doświadczenie w sporządzaniu oraz negocjowaniu warunków umów o finansowanie, w tym umów kredytowych oraz warunków programów emisji obligacji.
Providing legal support during the preparation and execution of investment regarding construction of a wind farm with a capacity of 15 MW
Construction of the bridge over the river Wisła in Kamień, including the construction of access roads
‘Construction of the bridge over the river Wisła in Kamień, including the construction of access roads’ - providing legal assistance to "GOTOWSKI" company in connection with the execution of the investment of over PLN 200 million.
An investment for the construction of a Flue Gas Desulphurisation Plant (IOS IV) for a capacity of approximately 800 MWe
Providing legal services in the course of the execution of the construction investment regarding flue gas ducts and supporting fans within the framework of the construction of the Flue Gas Desulphurisation Plant (IOS IV) for a capacity of approximately 800 MWe (for 200 MW blocks No. 1-8).
Legal support in the process of annexing EPC contract for the construction of a power unit
Providing Legal support in the process of annexing EPC contract for the construction of a power unit for supercritical hard coal-fired power unit with a net power output of 1000 MWe.
Construction of a class A office buildings complex with a total area of about 15,000 square meters
Providing legal services in the course of the construction of class A office buildings complex with a total area of 15,000 square meters, intended for the registered seat of companies of the fuel and energy group.
We provide professional legal advice for health care institutions, doctors and patients in all legal matters concerning widely understood health protection. We also support our clients in concluding and executing their contracts with the National Health Fund (NFZ). Years of experience, extensive knowledge, well-established practice and successful cooperation with experts from the medical sector enable us to provide the highest level of service.
Providing legal services for a medical center in Toruń regarding contracts with the National Health Fund (NFZ)
(contracting of specialist outpatient care services (AOS), negotiations on settlements regarding remuneration for surplus services, appeals regarding the results of the selection procedure concerning specialist services, negotiations on changing the terms of entering of a medicinal entity to the competition of tenders for medical services under a preventive health program)
Legal support provided to a medical center in Kujawsko-Pomorskie province
Legal services provided to the Provincial Emergency Medical Service Station
Providing organizational support for a Medical Center
Providing legal counsel regarding purchasing procedures for a medical center in Warszawa (Warsaw)
Providing legal support during tender proceedings, including legal representation of the company before KIO (National Appeals Chamber).
GJW Legal Office is a team of more than a dozen experienced lawyers - legal advisers who have been practicing for many years in the fields that make up the offer of our Legal Office.
We develop 9 major specializations. The selection of legal disciplines in which we offer high competence has been a natural process and is a consequence of the long-term, good cooperation with our clients - medium and large companies. Our fields of expertise satisfy in full all the needs in the area of legal support of the majority of companies (including companies operating in certain regulated markets).
GJW Legal Office key lawyers are a team with a permanent membership. We have been working together for many years and very good relations between us translate into the efficiency and effectiveness of our professional activities which our clients appreciate.
Learn more about us - our team, our experience and strategies for problem solving that we offer.