How was 2024 for us?

r. pr. dr Krzysztof Brysiewicz

The greatest success of 2024 was the effective defense of a Client against the return of PLN 20 million in co-financing. Alongside this, we successfully represented Clients also within projects implemented in the new financial perspective under the FENG program, where after successful representation before courts, clients signed co-financing agreements.

Additionally, we successfully convinced co-financing institutions that:

• a large entrepreneur can buy a small one – in the case of our clients, there was no change in enterprise status as a result of the share sale transaction;
• failure to meet certain indicators, including failure to achieve revenues in the project, does not justify the return of funds;
• force majeure in the form of COVID should be considered as a factor justifying no return of co-financing;
• awarding contracts to related entities is possible due to the lack of market for a given service;
• beneficiaries maintained the principle of competitiveness in projects;

Does fighting with the institution make sense?

The fight makes sense, but one must be aware of the sometimes long and bumpy road. We always tell our Clients that in EU matters, patience and consistency are important. It’s an open secret that officials, in case of suspected irregularities, act in such a way as to distance themselves from the risk of potential charges related to public finance discipline. Hence, they go for the path of least resistance by imposing corrections and issuing return decisions. Our role is to convince them that taking the beneficiary’s position into account will be safer for them. As our practice shows, we do this successfully.

Alongside our normal work, we want to write, speak and write again about funds from the practical side. We consistently write and publish about funds from the practical perspective. Certainly, the publication “Return of co-financing from EU funds” or the earlier “Report on the effectiveness of procedures” are not our last word on EU funds topics.

EU funds have been considered difficult money for years and indeed they are. As specialists in this area, we try to advise our clients to identify potential problems and challenges in projects at the earliest possible stage, because it is definitely better to prevent problems in EU projects than to treat them later. When there is no choice in treatment, we also have experience.

The most important successes in crisis management such as restructuring and corporate disputes are securing the continuity of clients’ operations through protection against enforcement provided by restructuring and especially interim relief orders that petrify the activities of corporate bodies in companies that have been subject to corporate disputes.

The past year has shown that despite numerous declarations and amendments to civil proceedings, they still drag on for years. Therefore, due to prolonged civil proceedings, interim relief measures are so important, particularly in corporate disputes, without which many companies would not survive to the end of these processes due to conflicts in their corporate bodies.

Supporting entrepreneurs in adapting to dynamically changing market conditions and regulatory environment, the best example of which is the non-market redispatching of PV installations, which was one of the main challenges for entrepreneurs in the PV industry.

Unfortunately, 2024 did not bring a solution to the problem of prolonged court proceedings; on the contrary – case resolution continues to be extended. There was nothing left but to wish Clients, but also other lawyers, that the next year will surprise us positively.

In 2025, we are not slowing down – we will continue to support entrepreneurs in adapting to dynamically changing legal and market conditions, helping them meet the requirements of climate neutrality. Our goal is to deliver effective legal solutions that will enable companies to develop steadily in accordance with the assumptions of energy transformation.

Mergers and Acquisitions

r. pr. Maciej Wasilewski

The year 2024 was intense and full of challenges. In the past year, the combination of legal knowledge with negotiation experience and soft skills proved crucial for successfully closing several transactions.

In many projects, it was precisely the ability to manage emotions, build trust between parties, and find solutions in seemingly hopeless situations that was key to closing transactions. The ability to skillfully guide clients through difficult negotiations and effectively mediate in delicate matters became one of the most important elements of our work.

The biggest success of the year was closing the Natrodent transaction – a demanding project where effective negotiations and precise process management were decisive. This achievement strengthened our position as a trusted partner.

How do I interpret the intentions and behavior of the other party in negotiations?

In such situations, it was crucial to rely on negotiation experience to anticipate potential reactions and find solutions satisfying both parties.

My goal is for our law firm to be perceived as a strategic partner.

As the leader of the M&A practice, I strive for our law firm to be perceived as a partner that supports clients not only in solving legal problems, but also in achieving their business goals and tries to understand their intentions as fully as possible.

I believe that the true value of our work lies in combining expert knowledge with deep understanding of client needs and the ability to manage complex transactional processes. I want our clients to know they can count on us at every stage of making key decisions.

Intellectual Property Protection

r. pr. dr Marek Porzeżyński