Legal advisory in renewable energy and the energy sector

Energy and RES

Our approach

The energy transition requires a broad perspective. That’s why our legal advisory for the energy and renewables sector also integrates public aid, environmental protection, tax, M&A, real estate and construction process expertise.

For whom?

We support both players from energy industry – including energy companies, investors, and developers in the renewable energy sector – and entrepreneurs acting as energy or fuel consumers.

The energy transition is becoming a reality, and businesses must actively adapt to the new situation.
Jacek KarpCounsel, Attorney-at-law

Benefits

Combining knowledge of the energy industry and a business perspective, we offer support that not only secures the formal aspects, but also realistically supports the development and profitability of projects.

In-depth knowledge of the energy and renewables sector

In addition to extensive experience in legal support for energy projects, we offer deep market and sector insight, enabling practical, business-oriented advice.

Support at every stage of the project

We guide clients through all stages of renewable or conventional energy investments – from analysis and obtaining administrative decisions to finalizing contracts and transactions.

Data-driven business decisions

We offer legal due diligence, compliance audits, and profitability analyses of investment structures, providing entrepreneurs with essential information for project execution.

Services

We provide comprehensive legal services across all areas of the energy sector.

Advisory for renewable energy projects

We advise at every stage – from selecting the form and cooperation model (e.g., joint venture) to development and obtaining necessary decisions and permits. We analyze real estate legal status, secure land rights, and support location and environmental procedures. We assist during construction and operation, negotiating key project, construction, and maintenance contracts.

M&A support for acquiring renewable energy projects

We provide legal advisory for acquiring renewable energy projects (e.g., project company takeovers) and conducting due diligence. We also prepare necessary transaction documents.

Drafting and reviewing energy contracts

We draft and review contracts relevant to the energy market – especially sales, distribution, and grid connection agreements. We also prepare cPPA contracts and other documents for renewables. We analyze various sales models and mediate in relations with energy companies – both sellers and distributors.

Obtaining licenses and registry entries

We handle proceedings for obtaining licenses and license promises, in particular for electricity generation, trading, and distribution. We also assist with entries in sector-specific registries – e.g., for importing entities or CRPA – and support compliance with regulated activity obligations.

Advisory for low- and zero-emission technology industries

We support entrepreneurs from sectors that are key to the energy transition, such as energy storage, battery and hydrogen technologies. We operate both on the regulatory side – supporting clients in fulfilling their obligations and representing them in proceedings – and in the area of entering the Polish market and starting a business.

Specialized state aid in energy sector

We analyze available options and assist in obtaining state aid for energy investments (investment and operational aid), including support programs – e.g., compensation for energy-intensive businesses, RES auctions, industrial relief for industrial off-takers, aid for high-efficiency cogeneration. We also advise on funding for green technologies (e.g., CISAF, KPO, cash grants).

Advisory for energy efficiency projects

We advise and coordinate projects aimed at improving energy efficiency (e.g., project qualification, white certificate applications, application corrections).

Support in excise tax in energy sector

We analyze opportunities for excise tax preferences on energy products and electricity (including for energy-intensive businesses). We assist energy producers in fulfilling excise obligations.

Bankability analysis of projects

We assess the ability of energy projects to obtain external financing and support clients in securing it.

Support with goods movement obligations

We assist with obligations related to the movement of goods, especially liquid fuels.

SENT compliance analysis

We analyze entrepreneurs’ obligations regarding the transport of goods subject to monitoring (SENT) and provide ongoing advisory.

Representation in disputes

We advise clients in disputes with other energy market participants (e.g., grid operators, energy sellers). We represent clients before authorities, including the Energy Regulatory Office and the European Commission.

Completed projects

We advise entrepreneurs from various industries in the field of renewables and energy.

We helped entrepreneurs adapt their operations to the realities of the energy transition

We have assisted entities from various industries in negotiating and concluding Corporate Power Purchase Agreements

As part of our energy and renewable energy consulting services, we assisted clients in negotiating and concluding cPPA agreements for the supply of green electricity from renewable energy producers. We provided support in this area to, among others, leaders in the electromobility industry (a global supplier of battery components) and the construction industry (a Polish manufacturer of metal structures).

We advise global capital groups on obtaining or modifying licenses/promises for energy generation

We have supported entrepreneurs belonging to global capital groups in obtaining and modifying licenses or license promises for electricity generation. In this area, we have provided legal advisory to companies from sectors such as energy, automotive, and food.

Our advisory included, in particular, preparing applications and representing clients before the President of the Energy Regulatory Office (URE) until a positive decision was issued. In one of the projects, we also demonstrated the existence of the so-called incentive effect to enable the client to benefit from support mechanisms available for high-efficiency cogeneration energy production.

We have advised on launching operations of entities from the widely-defined energy sector in the Polish market, including a single project with an investment value exceeding EUR 250 million

We have introduced numerous entities operating in energy transition sectors to the Polish market. Our clients included companies from the electromobility sector (a Belgian manufacturer of battery components), renewable energy (a Spanish energy producer), and car-sharing (a Spanish company). After market entry, we also supported them in efficiently starting operations.

Our advisory included, in particular, the establishment of special purpose vehicles, assistance in fulfilling legal obligations related to starting business activities, and obtaining state aid for newly established entities.

We defended clients against multi-thousand penalties for delayed registration in the importing entities registry

We represented clients – including companies from the automotive, pharmaceutical, and home appliance sectors – in numerous administrative and court proceedings related to delayed registration in the importing entities registry. As a result of our actions, authorities in many cases refrained from imposing penalties, including criminal sanctions.

We also influenced court rulings, which began to recognize the legitimacy of waiving hundreds of thousands in fines when entrepreneurs voluntarily fulfilled overdue obligations.

We supported entrepreneurs from the automotive, chemical, and energy sectors in obtaining the necessary documentation

We advised clients in applying for and obtaining energy efficiency certificates for projects aimed at improving energy efficiency. In this area, we supported Polish entities from sectors such as:

Energy (electricity and heat producers),
Automotive,
Chemical (manufacturer of chemical products and industrial formulations).

Our assistance included, in particular, preparing and reviewing applications to the President of the Energy Regulatory Office (URE) for issuing certificates. We also supported entrepreneurs in the process of registering property rights from certificates on the Polish Power Exchange.

Support in the notification process for IPCEI on Hydrogen (IPCEI Hy2Use) – notified aid amounting to approx. PLN 2.1 billion – a comprehensive project aimed at creating the entire value chain, from hydrogen production through transmission and distribution to refueling stations.