Kubas Kos Gałkowski
Europe Guide 2024
About
Co-managing Partners: Dominik Gałkowski, Kamil Zawicki, Barbara Jelonek-Jarco, PhD, Wojciech Wandzel
Senior Partner: Prof. Andrzej Kubas
Warsaw Office Managing Partner: Paweł Sikora
Number of partners: 13
Number of other lawyers: 70
Kubas Kos Gałkowski specialises in providing comprehensive legal services for our clients. For almost 30 years, we have been advising clients in their daily processes and completing long-term legal projects in corporate matters. We support our clients in strategic and safe management and implementing long-term strategic investment and restructuring projects in various sectors. We focus on effective solutions that have proved their value in practice. We are highly sensitive to the actual impact of legal instruments, which is essential for successful business operations.
LITIGATION | We represent clients in proceedings before the Supreme Court, Constitutional Tribunal, courts of the first and second instance, administrative courts, European courts, and cross-border proceedings, in various sectors.
ARBITRATION | We represent clients and act as arbitrators in complex arbitration proceedings involving high-value disputes under the rules of the world’s leading arbitration institutions.
CLASS ACTION | We have been involved in introducing the group proceedings into the Polish legal system. We represent claimants and respondents in Polish class action.
ENERGY & NATURAL RESOURCES | We provide comprehensive legal services to entities in the energy industry. We assist in investment processes, often complex and innovative and related to energy transition. We represent clients in administrative proceedings.
BANKING & FINANCE | We have extensive experience in advising banks and financial institutions in all kinds of their operations. We represent banks and financial institutions in numerous proceedings before Polish and European courts.
CORPORATE/ M&A | We support our business partners in complex and knowledge-intensive projects, advising them on every stage of their endeavors, from developing the legal structure and project strategy to their effective implementation.
REAL ESTATE | We advise and suggest appropriate and optimal solutions for all real estate transactions and projects.
RESTRUCTURING & INSOLVENCY | We support entrepreneurs in negotiations, preparation of restructuring agreement documentation and bankruptcy proceedings with their participation, as well as at the stage preceding a declaration of bankruptcy – taking care to ensure the correctness of actions taken by them.
COMPLIANCE | Based on our long-standing experience, also in crisis situations, we proactively help clients to implement compliance and internal control programs that ensure legal compliance at both national and international levels.
Poland | Krakow 31-511 | ul. Rakowicka 7 | +48 12 619 40 40 | [email protected]
Poland | Warsaw 00-609 | al. Armii Ludowej 26 | +48 22 206 83 00 | [email protected]
Ranked Offices
Provided by Kubas Kos Gałkowski
- Krakówul Rakowicka 7, VI p Nowa Kamienica , Kraków, Lesser Poland, Poland, 31-511
- Web: www.kkg.pl
- Tel: +48 12 619 4040
- Fax: +48 12 619 4052
- View ranked office
Contributions
Latest contributions provided by Kubas Kos Gałkowski
Kubas Kos Gałkowski rankings
Articles, highlights and press releases
35 items provided by Kubas Kos Gałkowski
POLAND | Another amendment to the Nuclear Specs Law on the horizon
On August 20, 2024, assumptions for amending the Nuclear Special Act (UD 118) were published, proposing phased permits for nuclear projects. Changes aim to streamline investments, with full evaluation pending draft release.
POLAND | What's next for hydrogen?
The subject of this article is to discuss the most important comments submitted at the stage of public consultations and opinions on the draft act amending the Energy Law Act and certain other acts (list no.: UD36).
POLAND | Possible generators actions to the DSO’s announcements on unfulfilled connection agreements
The article indicates the possible further actions of generators in the event of receiving a call from the electricity system operator due to the expiry of the maximum statuatory time limit up to which generators could extend the first supply of energy to the grid.
POLAND | Claims for damages for infringement of GPDR enforcement in Poland - new perspectives
New Polish amendments allow for representative actions on GDPR breaches, including non-material damage claims under Article 82. This framework enables consumer organizations to pursue class actions, aligning Polish law with EU standards and strengthening GDPR enforcement.
POLAND | Why has the contract to build Poland's first nuclear power plant not yet been concluded?
Despite signing a contract in 2023, Poland's nuclear power plant project is still in the design phase, not yet an EPC contract. Financing challenges and risk allocation between parties must be resolved before construction can proceed, with new legislation potentially addressing these issues.
POLAND | What about the waste? A commentary on the current state of the law
Despite an extended deadline, no municipality applied to host a new repository for radioactive waste in Poland. The lack of interest may be due to insufficient financial incentives. With increasing radioactive waste, legislative changes may be necessary to encourage participation.
POLAND | Greenwashing in the Energy Transition
Companies are increasingly engaging in environmental activities, but the risk of greenwashing—misleading on ecological matters—is growing. The new Directive (EU) 2024/825 introduces stricter regulations, requiring companies to provide specific, verifiable data to avoid legal risks.
POLAND | Legal situation of subcontractors in the construction of a Polish nuclear power plant
As work on Poland's first nuclear power plant progressed, a discussion arose regarding the legal situation of the subcontractors in the nuclear power plant construction process. The issue is that regulations of the of the Public Procurement Law, which fulfill a protective function for the subcontrac
ARBITRATION | Arbitration with consumers in Poland
There are special rules in Polish law regarding arbitration with consumers. The law introduces specific requirements for the contents of the arbitration agreement and the conduct of proceeding with the participation of a consumer.
POLAND | Utilization of Captured Carbon Dioxide – CCU
An important element of the European Union's industrial carbon management strategy - in addition to CO2 storage (CCS) - is the utilization of captured CO2 (CCU). The article discusses this issue and the regulatory challenges associated therewith.
POLAND | A strategy for the industrial management of CO2 emissions in the European Union
A major part of the effort to reach climate neutrality in the EU by 2050 will come from reducing the current emissions. Nonetheless, there is still a need for technologies that can capture CO2 and store or utilise it. The article summarizes the policy recently adopted by the European Commission.
POLAND | Evidence against the document’s wording and interpretation of declarations of will
The article outlines the views of Polish civil procedure law doctrine and judicial jurisprudence on the problem of conflict between evidentiary prohibitions on the wording of a document and rules of interpretation of declarations of will.
POLAND | Polish legislator's second approach to regulating the hydrogen market
In this article, the authors of the text share their first observations on some regulations in the field of hydrogen law presented in the new draft Act amending the Energy Law and certain other acts, which is also the second approach of the Polish legislator to regulate the hydrogen market.
POLAND | Grid Connection of a Hybrid RES Installation
The following article comprehensively explains the step-by-step procedure for the connection of a hybrid RES installation and points out interpretation problems and legal loopholes in the current provisions of the Energy Law that still need to be clarified.
POLAND | What shape a representative action will take within the meaning of the RDA in Poland?
Poland is one of the last European countries to implement the directive on representative actions into the Polish legal system with a delay of over 18 months. The implementation takes place through the Act of July 24, 2024 amending the Act on pursuing claims in group proceedings and certain other ac
POLAND | Nuclear Power Plant Operator's Liability Insurance. An Important Part of the Business
The discourse on Poland's first nuclear plant focuses on its development. In April, Westinghouse chose seven Polish companies, and work began. While construction is key, long-term safety and mandatory insurance for nuclear damage are crucial for ensuring future stability and risk management.
POLAND | Kubas Kos Gałkowski secures over PLN 11 million in unprecedented settlements
KKG has secured over PLN 11 million in settlements for 26 clients affected by the 2010 floods. In three years of negotiations with the authorities, the firm achieved a precedent-setting success, avoiding protracted litigation and securing significant compensation.
POLAND | EU Sanctions Update 2024: Dispute Resolution and Compensation
Council Regulation (EU) 2024/1745 of 24 June 2024 amends European sanctions regime. Amendment introduces measures combating the transfer of cases related to the sanctions regime to Russia. The new law comes as a reaction to changes introduced in Russian Arbitration Procedure Code.
ARBITRATION | Russian Supreme Court rules that foreign arbitrators may be impartial
In a recent ruling, the Russian Supreme Court stated that arbitrators domiciled in countries that have imposed restrictive measures against Russia are presumed to lack objectivity and impartiality, which may lead to the annulment of an arbitral award.
POLAND | Recent Supreme Court case law on enforcement of arbitral awards
In a recent judgment, the Supreme Court examined the formal requirements for the recognition and enforcement of an arbitral award. The object of the Supreme Court's interest in this decision was the requirement to produce the original arbitration agreement or a duly certified copy thereof.
POLAND | Special rules for submitting pending court disputes to arbitration
On 9 March 2023 the Polish Parliament adopted an act, in which the Code of Civil Procedure was amended i.a. by allowing a so-called ‘conversion’ of a pending court dispute to arbitration. The act entered into force mid-2023 and is in force for over a year now.
POLAND | Enforcement of foreign judgements in Poland
If the debtor’s assets are located in Poland, it may be advisable to enforce foreign interim measures in Poland as well. The enforcement procedure varies depending on whether the judgment was issued by an EU or a foreign court.
POLAND | Security of claims (temporary injunction) - an important creditor protection instrument
A motion for security is an invaluable tool designed to ensure that civil proceedings achieve their purpose, however long they last. Yet, it is crucial to prepare the motion thoroughly, as an ill-prepared motion may worsen the situation of the entitled party.
POLAND | Development of Green Leases in Poland: 2024 Review
In recent years, the concept of green leases has been gaining importance in the Polish real estate sector. The current state shows an increase in interest in this concept from tenants, property managers, and owners, as well as their significant role in financing new investments.
POLAND | ESG Regulations in the Real Estate Sector in Poland
ESG regulations are becoming of growing significance in 2024 for the real estate market in Poland. Legislative changes at the national and EU levels are shaping the rules that developers, property managers and investors must follow and have an increasing impact on investment financing decisions.
POLAND | Witness testimony and hearing of the parties in writing
The article briefly outlines the most important issues about witness testimony and the hearing of the parties in writing. Even though it has already been introduced to Polish civil procedure in 2019, this institution is still highly problematic to courts and attorneys and causes a lot of doubts.
POLAND | Statue of limitations for the banks’ claims
On April 25, 2024 the Polish Supreme Court rendered a fundamentally important judgement concerning disputes between consumers and banks on Swiss franc mortgage loans. This article will include an analysis of statute of limitation with regard to a bank’s claim to receive a capital of such a loan.
POLAND | Success in proceedings for the demolition of part of the property
KKG won a favourable court decision to disassemble part of a leased property after initially facing an unfavourable ruling. This case was crucial as it involved construction work on the most significant part of the leased premises.
POLAND | Information from the President of the Energy Regulatory Office No. 15/2024
On 22 March 2024, Information No. 15/2024 of the President of the Energy Regulatory Office was published concerning the issues that have recently given rise to the most frequent interpretative doubts regarding connection to the grid.
POLAND | How to transfer all rights and obligations onto another entity in Poland?
Polish law does not recognize a concept that allows the parties to transfer all rights and obligations to another entity. Instead, such an effect can be achieved by assignment and assumption of debt. The admissibility of these clauses was analyzed in a recent decision of the Polish Supreme Court.
POLAND | Another amendment to the Nuclear Specs Law on the horizon
On August 20, 2024, assumptions for amending the Nuclear Special Act (UD 118) were published, proposing phased permits for nuclear projects. Changes aim to streamline investments, with full evaluation pending draft release.
POLAND | What's next for hydrogen?
The subject of this article is to discuss the most important comments submitted at the stage of public consultations and opinions on the draft act amending the Energy Law Act and certain other acts (list no.: UD36).
POLAND | Possible generators actions to the DSO’s announcements on unfulfilled connection agreements
The article indicates the possible further actions of generators in the event of receiving a call from the electricity system operator due to the expiry of the maximum statuatory time limit up to which generators could extend the first supply of energy to the grid.
POLAND | Claims for damages for infringement of GPDR enforcement in Poland - new perspectives
New Polish amendments allow for representative actions on GDPR breaches, including non-material damage claims under Article 82. This framework enables consumer organizations to pursue class actions, aligning Polish law with EU standards and strengthening GDPR enforcement.
POLAND | Why has the contract to build Poland's first nuclear power plant not yet been concluded?
Despite signing a contract in 2023, Poland's nuclear power plant project is still in the design phase, not yet an EPC contract. Financing challenges and risk allocation between parties must be resolved before construction can proceed, with new legislation potentially addressing these issues.
POLAND | What about the waste? A commentary on the current state of the law
Despite an extended deadline, no municipality applied to host a new repository for radioactive waste in Poland. The lack of interest may be due to insufficient financial incentives. With increasing radioactive waste, legislative changes may be necessary to encourage participation.
POLAND | Greenwashing in the Energy Transition
Companies are increasingly engaging in environmental activities, but the risk of greenwashing—misleading on ecological matters—is growing. The new Directive (EU) 2024/825 introduces stricter regulations, requiring companies to provide specific, verifiable data to avoid legal risks.
POLAND | Legal situation of subcontractors in the construction of a Polish nuclear power plant
As work on Poland's first nuclear power plant progressed, a discussion arose regarding the legal situation of the subcontractors in the nuclear power plant construction process. The issue is that regulations of the of the Public Procurement Law, which fulfill a protective function for the subcontrac
ARBITRATION | Arbitration with consumers in Poland
There are special rules in Polish law regarding arbitration with consumers. The law introduces specific requirements for the contents of the arbitration agreement and the conduct of proceeding with the participation of a consumer.
POLAND | Utilization of Captured Carbon Dioxide – CCU
An important element of the European Union's industrial carbon management strategy - in addition to CO2 storage (CCS) - is the utilization of captured CO2 (CCU). The article discusses this issue and the regulatory challenges associated therewith.
POLAND | A strategy for the industrial management of CO2 emissions in the European Union
A major part of the effort to reach climate neutrality in the EU by 2050 will come from reducing the current emissions. Nonetheless, there is still a need for technologies that can capture CO2 and store or utilise it. The article summarizes the policy recently adopted by the European Commission.
POLAND | Evidence against the document’s wording and interpretation of declarations of will
The article outlines the views of Polish civil procedure law doctrine and judicial jurisprudence on the problem of conflict between evidentiary prohibitions on the wording of a document and rules of interpretation of declarations of will.
POLAND | Polish legislator's second approach to regulating the hydrogen market
In this article, the authors of the text share their first observations on some regulations in the field of hydrogen law presented in the new draft Act amending the Energy Law and certain other acts, which is also the second approach of the Polish legislator to regulate the hydrogen market.
POLAND | Grid Connection of a Hybrid RES Installation
The following article comprehensively explains the step-by-step procedure for the connection of a hybrid RES installation and points out interpretation problems and legal loopholes in the current provisions of the Energy Law that still need to be clarified.
POLAND | What shape a representative action will take within the meaning of the RDA in Poland?
Poland is one of the last European countries to implement the directive on representative actions into the Polish legal system with a delay of over 18 months. The implementation takes place through the Act of July 24, 2024 amending the Act on pursuing claims in group proceedings and certain other ac
POLAND | Nuclear Power Plant Operator's Liability Insurance. An Important Part of the Business
The discourse on Poland's first nuclear plant focuses on its development. In April, Westinghouse chose seven Polish companies, and work began. While construction is key, long-term safety and mandatory insurance for nuclear damage are crucial for ensuring future stability and risk management.
POLAND | Kubas Kos Gałkowski secures over PLN 11 million in unprecedented settlements
KKG has secured over PLN 11 million in settlements for 26 clients affected by the 2010 floods. In three years of negotiations with the authorities, the firm achieved a precedent-setting success, avoiding protracted litigation and securing significant compensation.
POLAND | EU Sanctions Update 2024: Dispute Resolution and Compensation
Council Regulation (EU) 2024/1745 of 24 June 2024 amends European sanctions regime. Amendment introduces measures combating the transfer of cases related to the sanctions regime to Russia. The new law comes as a reaction to changes introduced in Russian Arbitration Procedure Code.
ARBITRATION | Russian Supreme Court rules that foreign arbitrators may be impartial
In a recent ruling, the Russian Supreme Court stated that arbitrators domiciled in countries that have imposed restrictive measures against Russia are presumed to lack objectivity and impartiality, which may lead to the annulment of an arbitral award.
POLAND | Recent Supreme Court case law on enforcement of arbitral awards
In a recent judgment, the Supreme Court examined the formal requirements for the recognition and enforcement of an arbitral award. The object of the Supreme Court's interest in this decision was the requirement to produce the original arbitration agreement or a duly certified copy thereof.
POLAND | Special rules for submitting pending court disputes to arbitration
On 9 March 2023 the Polish Parliament adopted an act, in which the Code of Civil Procedure was amended i.a. by allowing a so-called ‘conversion’ of a pending court dispute to arbitration. The act entered into force mid-2023 and is in force for over a year now.
POLAND | Enforcement of foreign judgements in Poland
If the debtor’s assets are located in Poland, it may be advisable to enforce foreign interim measures in Poland as well. The enforcement procedure varies depending on whether the judgment was issued by an EU or a foreign court.
POLAND | Security of claims (temporary injunction) - an important creditor protection instrument
A motion for security is an invaluable tool designed to ensure that civil proceedings achieve their purpose, however long they last. Yet, it is crucial to prepare the motion thoroughly, as an ill-prepared motion may worsen the situation of the entitled party.
POLAND | Development of Green Leases in Poland: 2024 Review
In recent years, the concept of green leases has been gaining importance in the Polish real estate sector. The current state shows an increase in interest in this concept from tenants, property managers, and owners, as well as their significant role in financing new investments.
POLAND | ESG Regulations in the Real Estate Sector in Poland
ESG regulations are becoming of growing significance in 2024 for the real estate market in Poland. Legislative changes at the national and EU levels are shaping the rules that developers, property managers and investors must follow and have an increasing impact on investment financing decisions.
POLAND | Witness testimony and hearing of the parties in writing
The article briefly outlines the most important issues about witness testimony and the hearing of the parties in writing. Even though it has already been introduced to Polish civil procedure in 2019, this institution is still highly problematic to courts and attorneys and causes a lot of doubts.
POLAND | Statue of limitations for the banks’ claims
On April 25, 2024 the Polish Supreme Court rendered a fundamentally important judgement concerning disputes between consumers and banks on Swiss franc mortgage loans. This article will include an analysis of statute of limitation with regard to a bank’s claim to receive a capital of such a loan.
POLAND | Success in proceedings for the demolition of part of the property
KKG won a favourable court decision to disassemble part of a leased property after initially facing an unfavourable ruling. This case was crucial as it involved construction work on the most significant part of the leased premises.
POLAND | Information from the President of the Energy Regulatory Office No. 15/2024
On 22 March 2024, Information No. 15/2024 of the President of the Energy Regulatory Office was published concerning the issues that have recently given rise to the most frequent interpretative doubts regarding connection to the grid.
POLAND | How to transfer all rights and obligations onto another entity in Poland?
Polish law does not recognize a concept that allows the parties to transfer all rights and obligations to another entity. Instead, such an effect can be achieved by assignment and assumption of debt. The admissibility of these clauses was analyzed in a recent decision of the Polish Supreme Court.