Expertise

Regulatory advice – gas industry and energy

Legal advice related to various aspects of the regulatory environment for gas and for power generation is a key practice area for W&W. We have, for nearly 10 years, been continuously providing legal support to the largest Polish energy companies. Our Wawrzynowicz & Partners lawyers have been involved in the preparation of the next version of the Gas Storage Service Regulations (rsum), the Transmission Network Code (IRIESD), and the work on the development of tariffs in the gas market (warehousing, distribution and control). We have, on many occasions, represented our clients before the Energy Regulatory Office for the granting and the modification of concessions on the electricity and gas markets, and in proceedings for the appointment of system operators (DSO / OSM / OSS). The professional experience of our consultants working in public administration also includes direct involvement in the the legislative process, including creation and amendments, essential to energy market legislation. Lawyers from Wawrzynowicz & Partners are actively involved in professional organizations – Chambers of Commerce and associating companies – operating in the energy market.

Public procurement

Our Wawrzynowicz & Partners team provides comprehensive legal services both in proceedings governed by the Public Procurement Act, as well as in those private contract procurement processes not subject to this law. We have, for many years, been working with the awarding sector, in particular those related to infrastructure projects, as well as traditional authorities. We also support contractors in the energy and telecommunications markets.
We have a team of lawyers providing legal support in the process of the construction of a Shared Services Centre (SSC) for one of the biggest energy groups, as well as preparing a number of studies related to the business model of cooperation between Group companies, including that between entities obligated to use Public Procurement Law.
Our lawyers have worked on and have given their opinions on procurement rules and procedures for purchasing, and for ensuring the transparency of public funds.
We have, on many occasions, represented clients before the National Board of Appeal and in legal proceedings related to the purchasing process.

Investment process, infrastructure projects

W&W provides legal assistance in the course of proceedings leading to the selection of contractors for projects, including the preparation of draft agreements relating to the implementation of the investment (including PPP), consortium agreements and contracts with subcontractors.
A team of lawyers from Wawrzynowicz & Partners also provides advice on matters of administrative and legal matters related to the preparation and execution of investment projects, including environmental issues, advice on negotiation processes with financial institutions, as well as the representation of clients in disputes before courts and arbitration in matters related to the implementation of infrastructure projects (including investments in gas, energy, telecommunications and RES).
The W&W support office is involved in preparing broad construction contracts, including contracts for construction work, general contracting, and contracts for design and supervision and, in particular, in projects relating to the construction and modernization of energy, gas and telecommunications infrastructure.

Antitrust and Competition Laws

The expertise of W&W also includes issues related to antitrust law, competition and consumer protection and the fight against unfair competition.
We have extensive experience in handling cases related to competition and consumer protection. We have represented our clients in the gas, telecommunications, pharmaceutical and energy sectors
before the OCCP and the CCCP. The areas of practice of Wawrzynowicz & Partners also include support in matters concerning practices infringing collective consumer interests – illegal clauses, unfair market practices, unfair advertising, and in proceedings relating to market concentration.
Our W&W lawyers have also conducted a number of proceedings before the OCCP and CCCP on, inter alia, abuse of dominant position and restrictive agreements.

New technology and intellectual rights

Our W&W lawyers have a wealth of experience in developing, assessing and negotiating contracts for computer systems, including licensing, distribution, implementation, and service (ATiK).
We have on many occasions supported our clients in the course of the tendering process for the implementation of IT systems in the gas and energy sectors.
We provide legal support for complex issues related to implementing action agreements and licensing issues supporting system operating companies in the gas and electricity sectors, taking into account the complexity of this area of the regulatory environment and the energy independence of the entities performing functions within the vertically integrated operator companies.
The competences of our lawyers specializing in IT are based on an extensive knowledge of systems and information technology and knowledge of the specifics of the industry in which our clients operate.

LEGAL SERVICES FOR ENTERPRISES

W&W provides comprehensive legal advisory services to domestic and foreign commercial companies and capital groups. Our legal services include issues related to the running of the company, as well as external representation in the company’s administrative and judicial proceedings.
Our legal advice service is based, in particular, on the drafting of contracts, drafting internal statutory bodies (resolutions, powers of attorney), or preparing legal opinions on matters relating to the business, including both the core business and employee relations as well as the company’s participation in proceedings before courts and administrative bodies. We also provide legal advice in the establishment and transformation of companies, including support for the development of statutes, founding acts and agreements, and support in the process of mergers and acquisitions.