Scope of legal assistance
RGW advises companies from energy and fuel industries. We also have experience in providing legal assistance to renewable energy sector and in particular to wind energy sector.
We assist our Clients in the establishment of licensed and regulated activity, planning and implementation of investments and infrastructure project. We participate in negotiations, prepare legal opinions and drafts of appropriate contracts.
We advise entrepreneurs in the field of environmental protection law and represent them in administrative proceedings related to environmental requirements.
While providing legal assistance we take into account the specifics of the industry in which the entrepreneur operates and through direct contact with a lawyer dealing with a given field of law we provide our clients with services tailored to individual needs.
Area of activity
RGW advises in matters concerning the investment such as:
- acquisition, establishing and transformation of companies,
- mergers and acquisitions,
- financing of energy projects,
- preparation and carrying out investments in the field of energy production, with particular reference to wind farms,
- implementation of investments in fuel sector,
- projects implemented within public-private partnership (PPP),
- contracts with contractors and subcontractors,
- contact with competent offices,
- obtaining required concessions and permits,
- detailed sector regulations connected with commencing and carrying out investments.
RGW also conducts due diligence having regard to the analyses of risk and dangers connected with activity in particular area of the energy and fuel sector.
Legal advice offered by RGW within the scope of infrastructural projects includes legal assistance for Polish and foreign entities who plan and implement investments concerning e.g. energy or road infrastructure and environment protection.
Exemplary projects in the field of energy infrastructure can include such activities as building and modernisation of energy blocks, transmission stations, heat and power plants, bio heat plants, designing and building new generation capacities in the energy industry, building, maintenance and conservation of wind farms, extension of production plants.
RGW provides legal assistance to investors as well as designers, general contractors and subcontractors, including consortiums.
RGW advises and represents clients in proceedings in the field of public procurement law, including appeal proceedings, litigations and out-of-court disputes concerning implementing investments and infrastructural projects.
RGW offers clients from energy and fuel industry support at the stage of obtaining concessions required by law.
Detailed scope and conditions of conducting licensed economic activity are regulated in the Act of 10 April 1997 on Energy law.
Obtaining concession is required in the following economic activities:
- production of fuel and energy,
- production of electric energy in cogeneration units,
- production of energy in installation of renewable energy sources (except for microinstallation)
- transmission and distribution of electric energy, liquid and gaseous fuels,
- electric energy, liquid and gaseous fuels and heat trading.
- analysis of legal requirements connected with planned venture that are necessary to obtain concession,
- legal assistance in drawing up requests for granting concession and promise of a concession,
- legal advice connected with change, prolongation and withdrawal of concession,
- representation before the President of Energy Regulatory Office in administrative proceedings and before court in case of appeal against decision of the President of the Energy Regulatory Office.
Proceedings before the President of Energy Regulatory Office and Office of Competition and Consumer Protection
RGW has experience in representing clients in administrative proceedings, including proceedings before regulatory authorities such as the President of Office of Competition and Consumer Protection (OCCP) and the President of Energy Regulatory Office (ERO).
Proceedings before the President of ERO, conducted in accordance with Act on Energy law, concerning granting and withdrawal of concession, approving and controlling the application of tariffs, controlling the performance of statutory and contractual duties by the transmission network owner, controlling the quality of service of recipients, imposing administrative pecuniary penalties, issuing certificates of cogeneration origin and their cancellation etc., have special meaning for enterprises operating in energy industry.
Antitrust law also plays a big role in the energy and fuel industries. The President of the OCCP examines whether dominant position is not abused in the market or whether there are practices restricting competition. The President of OCCP is also interested in use of unfair market practices by entrepreneurs from energy industry. It is not without significance that the antitrust authority may impose a number of sanctions on entrepreneurs, including high fines.
Besides representation at the stage of administrative proceedings, within providing legal assistance, RGW offers also representation before civil courts, before which proceedings after lodging an appeal against decision is pending in accordance with the provisions of Code of Civil Procedure.
RGW helps clients to understand the character of proceedings before antitrust or regulatory authority approaching each case individually.
RGW provides legal assistance in the field of environmental protection law.
To the needs of our clients, including enterprises operating in energy and fuel industry, RGW analyses relevant regulations and prepares solutions tailored to their needs.
Our services include:
- legal audit concerning observing regulations such as environmental protection law, waste act, water law, act on nature protection,
- legal advice and representation before competent administration authorities in cases connected with obtaining necessary permits and environmental decisions,
- drawing up legal opinions concerning legal aspects of environmental protection,
- legal assistance in planning and implementing investments having influence on environment,
- legal advice concerning construction investments, including facilities of renewable energy sources (wind farms, photovoltaic),
- representation in proceedings concerning the influence of the enterprise on environment, including proceedings involving participation of the society.
RGW offers legal assistance in the field of investments in renewable energy sources at all stages of preparation and implementation of projects.
Legal advice for entrepreneurs from renewable energy industry includes:
- drawing up technical legal opinions concerning legal conditioning of renewable energy in the light of Polish, European and international provisions,
- support in interpretation and application of provisions of relevant acts (renewable energy sources act, energy law, act on investments within wind farms) and executive regulations,
- legal aid concerning implementation of investments with particular reference to wind farms,
- ongoing legal assistance during implementation of projects concerning renewable energy sources,
- representation in administrative and court proceedings,
- preparation and negotiation of contracts concerning right to the land,
- obtaining appropriate administrative decisions such as environmental or development of land decisions and also negotiating grid connection conditions,
- assistance in transactions related to the acquisition and transformation of companies, mergers and acquisitions of entities operating in renewable energy sources sector.