Audiatur et altera pars.

Consensus facit legem.

Legem bonam a mala nulla alia nisi
naturae norma dividere possumus.

Salus populi suprema lex esto.

The European Union law

Domains of Law

From the moment of signing the accession treaty, national and the European Union laws coexist and apply in the territory of Poland. The system of the European Union law is relatively new to Polish citizens and enterprises, thus becoming acquainted with the E.U. law becomes a necessity.

Our Firm provides services within the scope of interpretation of the Community law, we provide opinions about compliance of national law with the European Union law as well as suggest alternative solutions and opportunities, which result from the application of the Community law.

We monitor the legislative activities of European Union bodies - Council of the European Union, European Commission, European Parliament and Court of Justice of the European Union. Additionally, we offer training courses in European Union law, explain how to apply for EU funds.

Legislative consulting

Domains of Law

Understanding changes in the legal environment is essential for all participants of the market. Knowledge about the possible future transformations might often play a vital role in the success of business. Legislative consulting aims also at introducing business entities and connected trade and business associations into the process of establishing laws.

We help companies in gaining such knowledge by way of monitoring transformation in legislation already at initial stages - i.e. starting at the level of assumptions to bills and finishing at the level of statutory instruments that apply to the law that comes into force.

We provide support in the process of drafting of legislative acts, we express opinions concerning their conformity with the European Union law, international law and the Polish Constitution. We represent clients during meetings with representatives of government, administrative bodies and members of Parliament. We assist in translating commercial demands into the language of law and - if it becomes necessary - into the language of politics that is understandable for the legislator.

The stage of public consultations is the right moment for counter acting to irrational ideas, we believe it is the major added value of our activities.

The European Union funds

Domains of Law

Our Firm provides consulting services in acquiring, spending and accounting for EU funds. Advisory services provided by the Firm are directed both at beneficiaries of the funds, as well as at institutions, which manage, mediate and implement them.

Most of the time, implementation of projects co-financed by the EU funds brings about series of legal issues connected with some of the following aspects:

  • selecting the source of financing
  • execution of application documents
  • eligibility of incurred expenses
  • supervision over disbursement of grants
  • accounting for the expenses

In particular, our Firm offers: ongoing legal support for project co-financed with EU funds, representing clients during negotiations on co-financing agreements and during inspections of the beneficiary and accounting for public aid.

Public-private partnership

Domains of Law

Public-private partnership is a partnership between public sector and private sector, which aims at implementing tasks or providing services that are traditionally reserved for the public sector.

Key elements of the partnership between public and private sector include the following:

  • contractual characteristics (a relation under civil law)
  • special-purpose nature: project implementation (construction, provision of services), which are traditionally performed by the public sector
  • optimal division of tasks
  • split of risks
  • mutual benefits.

However, public-private partnership is associated with significant risks for both parties of the contract: losing control over the services provided by the public sector, excessive costs incurred by the clients, lower quality of the services provided as part of the partnership, lack of competition, unlawful cooperation between the parties resulting in granting of public aid.

Experience of our staff concerning public procurement law and public aid law enables our Firm to provide services in infrastructure investments and services for public-private partnerships; the offer we present includes preparation of tender procedures, execution of partnership agreements and consultancy during all stages of the process. We help our clients avoid risks that arise from cooperation between the public and private sector.

Public procurement law

Domains of Law

Dynamic progress observed in the market of public procurement and its value are drawing growing attention of interested contractors. Inflow of EU funds supports this trend. On the other hand, conducting proceedings under the public procurement law and complicated tender procedures are often holding up many potential beneficiaries. Due to our abundant experience in working with public procurement, we help our clients in solving the problems they encounter and overcoming the intricacies of tender procedures.

Our services in public procurement law include in particular:

  • comprehensive support within the scope of tender procedures
  • providing legal services for the ordering parties and contractors
  • assessing the correctness of documentation prepared by principals
  • preparing and assessing the correctness of an announcement and Contract Notice/Invitation to Tender (ITT)
  • assessing correctness of the public procurement, support in preparation of a public procurement
  • consultancy in selecting the procedures for a public procurement
  • support during an analysis of tender documentation made available by the ordering party and supporting contractors in correct preparation of an offer and at entering a tender proceedings
  • executing appeals, responses to appeals and all other types of letters related to public procurement
  • representing Clients before the National Chamber of Appeal and regional courts.

Administrative law

Domains of Law

Administrative law is one of the fundamental fields of law that includes relationships between natural persons, legal persons, and business entities on one hand, and administrative bodies on the other.

Within the scope of administrative law we help our clients in cases, which require expertise in public law and knowledge about the specificity of public administration.

We provide the following services:

  • consultancy and execution of expert opinions in administrative law, administrative proceedings and enforcement proceedings in administration
  • conducting administrative cases, particularly editing letters, executing appropriate motions, appeals against decisions, complaints before administrative courts - including the Supreme Administrative Court
  • we support our Clients during proceedings for issuing a decision by first instance bodies and in appeal proceedings - including proceedings before self-government appeal courts
  • representation before local government bodies and public administration bodies
  • representation before regional administrative courts and the Supreme Administrative Court
  • support during enforcement proceedings
  • we pursue claims for indemnity from the State Treasury on account of damage suffered as a result of unlawful decisions or failure to issue decisions
  • representation during administrative proceedings for issuing concessions, permissions and business licences required by law.

Public finances law

Domains of Law

Understanding the issues related to the public finance sector is necessary for providing comprehensive and professional services for business entities and budgetary authorities. Understanding how the authorities from public finance sector operate is supportive to dealing with aspects arising in that field of the law in a fast and skilful manner.

With regard to public finance sector law, our Firm provides legal consultancy, advisory services and training courses in broadly understood issues related to the sphere of public finances, civil service and public procurement law.

Basing on our experience and specialist knowledge in the above mentioned scope, we offer:

  • assistance and legal service with respect to grant agreements
  • assistance to authorities from the public finance sector in drafting agreements, support in projects of administrative decisions and in execution of legal instruments
  • assistance in inspections in the civil service, including inspections of financial management in local government bodies
  • representation before administrative courts and courts of general jurisdiction
  • advisory services for principals and contractors within the scope of public procurement.

Competition law

Domains of Law

The Firm provides services in competition law pursuant to national regulations as well as the extensively developed regulations of the European Union.

Our solicitors offer legal advisory that concerns translation of competition law from legal jargon into practical business language, they analyse activities of our clients and help to prevent infringement of competition law as well as aim at complying with the law.

Increased anti-monopoly risk is the substance of all actions taken by local government bodies. On the other hand, local governments, which provide such services, are most of the time monopolists and thus bear increased responsibility for the consequences their decisions may create on other participant of the market.

Our Firm provides services in analysis of anti-monopoly risk level in specific areas of business activities of local government bodies. In particular, we offer:

  • audits of resolutions, regulations and their drafts , which are accepted by local government bodies within the scope of public utilities sector and agreements concluded between commercial companies and local governments,
  • assessing anti-monopoly risk in selected areas (e.g. pricing policy),
  • representing local government bodies during proceeding before the Office of Competition and Consumer Protection.

We also offer training courses for executive boards, district councils and local government clerks.

Public aid

Domains of Law

Public aid, understood as an institution which aims at stimulating economic growth through tax reductions or grants is extremely important for entrepreneurs. The possibility to receive public aid in Poland was significantly limited from the date of accession to the European Union. Our Firm provides advisory services, which aim at helping our clients receive public aid in accordance with both national and Community legislation.

Our solicitors provide services for entities that would like to receive public aid, prepare analyses and expert opinions, as well as conduct training courses, which aim at familiarising our Clients with the relevant national and Community regulations. However, we also address our legal help to the entities, which are responsible for granting the aid, to communes in particular.

In practice, EU and national competition rules are breached by communes by failure to comply or incorrect application of public aid regulations. Each commune that implements investments co-financed with EU funds, shall be able to practically apply all principles of public aid and prepare and carry out projects in such a way to avoid the necessity to return the funds in the event of any infringement.

Our Firm provides consultancy services and training courses for local government bodies in practical application of public aid principles. In particular, we offer:

  • consultancy/audits within the scope of resolutions and their drafts (aid programmes) in compliance with the principles of public aid
  • consultancy/audits with respect to correctness at entrusting other entities with public utilities
  • consultancy/audit of projects co-financed by the EU with respect to their compliance with public aid principles
  • representing local government bodies and consultancy during proceeding before the Office of Competition and Consumer Protection
  • training courses that include responsibilities of communes that grant public aid, and responsibilities of beneficiaries

Energy law

Domains of Law

Energy law is a set of standards that regulates the rights and responsibilities of companies from the energy sector, fuel and energy end users and other participants of the market with respect to sustainable development, promotion of fair competition, protection of end users and ensuring security of energy supplies as well as the related tasks and competences of administrative bodies.

Such a broad scope of regulation requires competence and matter-of-fact legal service to manage the company. Legal advisory services will minimise risks that arise from legislation and characteristics of the power industry.

In order to do that, our Firm provides the following services:

  • legal consultancy on investments in renewable energy sources such as wind parks, biogas plants
  • representing entrepreneurs in proceedings before the Energy Regulatory Office that concern granting a concession to run business activities by enterprises from the power sector
  • representing entrepreneurs during proceedings before Energy Regulatory Office that concern tariff approval for gas fuel, energy and heat
  • consultancy on interpretation of energy law and during other proceeding before the Energy Regulatory Office, the Office of Competition and Consumer Protection and courts having jurisdiction.

Telecommunication law, copyrights and related rights

Domains of Law

The telecommunications sector is currently thriving in Poland. Our Firm support the entities by way of providing consultancy on executing agreements on cooperation between operators, agreements concerning purchase of services and development of infrastructure and represent the entities during business negotiations.

We also support enterprises by executing draft contracts that are concluded with end users. The representatives of our Firm act on behalf of clients before authorities, which grant licences for conducting business activities in telecommunications sector and regulate the market i.e. the Office of Electronic Communications and the National Broadcasting Council.

On behalf of clients, our Office participates in process of negotiations of authors’ fees for rights managed by collective management societies. Engagement of our Firm in activities that aim at securing favourable rates for cable television providers affiliated in the Polish Chamber for Electronic Communication and members of the Przyjazne Prawo Autorskie (Friendly Copyright) Consortium confirms our unique experience in providing legal services for operators of electronic communications and media.

As part of the services provided, our team of experts participates in preparation of motions and documentation for the conducted proceedings, actively supports efforts connected with developing strategies and execution of their assumptions. We conduct negotiations on behalf of our Clients with collective management societies that concern specific remuneration schemes. We help in developing correct relations between the parties of licence agreements, we provide support at specifying fair scope of application of works and subjects of related rights.