Kochanski & Partners

The Polish Deposit and Return System launches on 1 October. This is a real revolution for businesses, whether they are producers, importers, distributors or traders. Indeed, its implementation brings with it a number of challenges, including, perhaps less obviously, concerning VAT. Here is a brief guide to the most important issues relating to the Polish Deposit and Return System. Legal basis and objectives of the Deposit and Return System The Polish Deposit and Return System is primarily based on the Act on the Management of Packaging and Packaging Waste of 13 June 2013, the Waste Act and numerous implementing ordinances, which regulate, among other things, the deposit amounts, the levels of separate collection, the obligations of operators, entities placing packaging on the market and traders, and the rates and rules for the payment of product fees or the design of labels. The main objectives of the system are to: Reduce the amount of packaging waste entering the environment Promote recycling and a circular economy Encourage consumers to return packaging and packaging waste through a deposit mechanism Achieve the packaging collection rates required by the EU (77% between 2025 and 2028 and 90% from 2029) What packaging is covered by the deposit and return system? Single-use plastic (PET) beverage bottles up to 3 litres Aluminium and steel beverage cans up to 1 litre Reusable glass beverage bottles up to 1.5 litres All these types of packaging will have to be labelled accordingly. System participants and their key roles The deposit and return system involves a number of actors, each with specific roles and responsibilities. Deposit mechanism: how does it work in practice The deposit is a specific amount charged when a product is sold in packaging covered by the system. The amount is set by the implementing ordinance. The deposit per unit of packaging for: Single-use plastic beverage bottles with a capacity of up to three litres, including their plastic caps and lids, excluding glass or metal beverage bottles with plastic caps and lids, shall be PLN 0.50 Metal cans with a capacity of up to one litre shall be PLN 0.50 Reusable glass bottles with a capacity of up to one and a half litres shall be PLN 1.00 The deposit “follows the product”: It is collected at each stage of distribution – from the company placing the product on the market to the wholesaler, the retailer and the consumer Return of the deposit: The consumer is refunded the full amount of the deposit when the empty, undamaged packaging (or packaging waste) is returned to a designated collection point (usually a shop) Deposit and product price: Importantly, the amount of the deposit is not included in the VAT base of the product price Placing on the market vs. sale These are two different concepts, which also have different implications with regard to the deposit and return system: Placing on the market: This is the first making available of a packaging or a packaged product on the territory of a country (domestic production, import, ICA) for use or distribution Sale: This is the seller’s obligation to transfer ownership of the goods (packaged product) to the buyer and to deliver the goods, and the buyer’s obligation to collect the goods and pay the price to the seller. The mere physical placing of packaging on the domestic market does not in itself give rise to an obligation to collect a deposit. This obligation arises when a product is sold in packaging covered by the deposit and return system. Tax aspects of the Polish Deposit and Return System – challenges and solutions Businesses have many questions and concerns about tax issues, especially VAT. Deposit and VAT – key principles Deposit charged on the sale of a product: as mentioned above, the deposit does not increase the VAT base of the product itself, being treated as an amount not subject to VAT at the time it is collected VAT on unreturned deposits: This is a more complex situation. The deposit on packaging that has not been returned by consumers, i.e. the deposit that has not been refunded to them, is subject to VAT: The company that places the packaged products on the market is the VAT  payer The operator of the deposit and return system is the VAT remitter VAT settlement and tax records: The operator (remitter) calculates the difference between the value of the deposits on packaging placed on the market and the deposits on packaging returned during the calendar year. On the basis of this difference, the operator remits the VAT due to the tax office. The deadline for payment is 31 January of the year following the settlement year The entity placing packaged products on the market (taxable person) increases the tax base in its VAT return (JPK_V7) for the first tax period of the year following the year to which the deposit settlement relates by the amount of the difference between the deposit on the packaging placed on the market and the deposit on the packaging returned during the calendar year in question Both entities are required to record the data necessary to establish the tax base and to keep it for a period of 5 years from the end of the year for which the tax base is established, resulting from the difference between the value of the deposit collected for packaging covered by the deposit and return system and placed on the market in that year and the value of the deposit refunded for packaging or packaging waste covered by the system in that year. As a result, the rules are unclear as to whether VAT should actually be charged only on deposits that are not returned. According to the literal wording of some of the provisions, the difference between the value of the deposit on packaging placed on the market and on packaging returned in a given calendar year should be taken into account, although placing on the market does not necessarily imply sale and collection of the deposit. Recording, reporting and checking Tax records are not the only record-keeping requirement under the deposit and return system. The system requires participants to fulfil other record-keeping and reporting obligations. Entity placing packaging on the market: Must keep detailed electronic records of, inter alia, the number, type and value of deposits collected for packaging placed on the market and the number, type and value of deposits refunded for packaging returned in a given year. These records must be kept for 5 years Operator of a deposit and return system: Should also keep detailed records of packaging collected, deposits refunded and waste sent for recycling. The operator should submit annual reports to the province marshal (marszałek województwa) (by 15 March) and to the head of a commune (wójt) or mayor (burmistrz or prezydent miasta) (by 31 January). Commercial entities (collection points): Also required to keep records of deposits collected and refunded and of packaging collected Polish Deposit and Return System – what else to consider There are concerns that by undercutting rates, operators will try to pass on some of the costs of running the system (e.g. the handling fee) to wholesalers and shops. The problem is the lack of precise rules in this regard. Another important issue is the financing of the refund of the deposit by shops. Retailers will have to refund the deposit to consumers “in advance”, and settlements with the operator will be made on a monthly basis. This means that they will have to temporarily fund the deposit refund from their own resources, which may be problematic for smaller operators. Implementing the system also requires extensive preparation: adapting IT systems, logistics, accounting, training staff and informing customers. The selection of an operator and the negotiation of contract terms will be key. Summary The Polish Deposit and Return System is an ambitious project with the potential to make a real difference to the environment. However, its success depends on the seamless functioning of all its components, including clear and workable tax settlement rules. Our recommendations to companies Analyse now how a deposit and return system could affect your business Allow time to adapt your IT, accounting and logistics systems Monitor the process – bear in mind that individual implementing regulations may change Contact potential system operators, ask for quotes and carefully consider the terms and conditions of cooperation If you have any doubts about taxation, consider applying for an advance tax ruling, either yourself or with the help of specialists The implementation of a deposit and return system is a dynamic process that is constantly changing, so keep up to date and seek expert assistance.

PIB Group Poland has been present in Poland since 2020. From that time, it has continually made acquisitions, building a strong group of insurance intermediaries. Its portfolio already includes insurance brokers, reinsurance brokers, multi-agencies and specialised entities operating as MGAs (Managing General Agents). We recently advised the Group on another transaction – the acquisition of RCU Ubezpieczenia and Ramius. This is another important step in the company’s development and implementation of its plan to consolidate the Polish insurance intermediation market. With this merger, PIB will gain new synergies and expand its range of services. RCU Ubezpieczenia and Ramius are well-established companies with a unique business model and a strong brand. Their integration into the PIB Group is another milestone in the development of our organisation and in building a powerful group of insurance intermediaries in Poland, says Bartosz Słupski, CEO of PIB Agency. The project was handled by Paweł Cholewiński, Partner and Head of the Transactional Practices Group, Natalia Kotłowska-Wochna, Partner in the New Tech M&A Practice, and Adam Czarnota, Senior Associate in the Corporate Law and M&A Practice. It is a great honour for us to have provided legal services to PIB Group Poland. This transaction fits perfectly with the consolidation trend we are seeing in the Polish insurance intermediation market. Due to the extensive network of RCU intermediaries and unique cooperation models, the structuring of this acquisition required us to translate the client’s business objectives into transactional documentation. We are proud to have worked with the PIB Group Poland team on this project and to have helped the client achieve its objectives, said Paweł Cholewiński, Partner, Head of the Transactional Practices Group / Real Estate, M&A. Our advisory services included a due diligence investigation of the companies, structuring of the transaction, and drafting and negotiation of the project documentation. The transaction required consideration of not only legal issues but also the specific nature of both businesses in order to develop the optimal solution. Advising on this deal was an interesting opportunity to learn about the business realities of the insurance market, added Natalia Kotłowska-Wochna, Partner in the New Tech M&A Practice. The seller was represented by Andersen Tax & Legal Srokosz i Wspólnicy and cc group as financial advisor.

3 April 2025 | Knowledge, News Over the past two years, we have seen a significant increase in the number of M&A deals involving companies based on artificial intelligence or using AI components. First of all, at the global level, both the number and value of transactions involving AI companies are growing. Even in our domestic market, the highest ranking of the top 10 Polish start-ups in 2024 were AI-related companies. This shows the dominance of such companies in the market, notes Natalia Kotłowska-Wochna, attorney at law and Head of the New Tech M&A Practice. According to Aventis Advisors, in 2025, the number of AI acquisitions will exceed 400, with a cumulative annual growth rate of 26%. The US accounts for approximately 38% of all global acquisitions in the AI sector (2022-2024), due to the concentration of major innovators and technology companies in this market. In terms of the number of large acquisitions, the situation in Poland is similar to the global one, but Polish managers show a less ambitious approach. According to PWC’s “CEO Survey. Time for Reinvention”, as many as 46% of Polish CEOs are not planning any acquisitions in the next three years. By comparison, the global figure is 30%. Impact of the AI Act on investment decisions Will new regulations such as the AI Act affect investor interest in companies using artificial intelligence? I think that for the time being, the regulatory risks associated with AI do not have a determining influence on the decisions of private equity funds. Of course, this is one of the elements taken into account, but is not the main factor, emphasises Natalia Kotłowska-Wochna. In addition to the standard company assessment, which includes regulatory and technological issues (such as personal data protection, cyber security and intellectual property), there is now a completely new element – compliance with the AI Act. AI in transaction processes Artificial intelligence is not only the subject of transactions, but also a tool used in M&A processes. According to DealRoom, within the next three years, 80% of M&A processes will use AI at various stages of the transaction – from identifying potential targets, through due diligence and financial analysis, to post-merger integration. Polish law implementing the AI Act In February, the Ministry of Digital Affairs presented an amended draft of the Artificial Intelligence Systems Act, which includes changes to the rules for monitoring the safety of products and services, as well as solutions to support innovation. The new draft also provides for the establishment of a regulatory sandbox, i.e. a space for testing new solutions. I think the amendments to the AI Systems Act are going in the right direction, and the final regulations are expected to be published in the first quarter of this year. We have a lot of experience, for example in the context of personal data protection, where regulations have already been introduced in a similar way […]. So I think these regulations will also be positive. Nevertheless, it is worth waiting for the final versions of the drafts, which will be published soon, comments Natalia Kotłowska-Wochna. Companies’ preparation for new regulations How are Polish businesses preparing to comply with new regulations? It seems that the degree of readiness varies and depends on the size of the companies: Large companies (especially those with foreign capital) – advanced preparation, in line with the company’s overarching policy Smaller companies – slower process, preparation of documents and procedures and implementation of compliance is not a priority At this point, I think there will still be a lot of companies that will not be fully prepared for these regulations, especially since we still don’t know exactly what approach the regulators will take – says the head of our New Tech M&A Practice. Mapping responsibilities in light of the AI Act Under the AI Act, any company that develops, sells, uses or provides an artificial intelligence system must comply with certain requirements. Each company should therefore map its responsibilities in this regard by: identifying tools that have an AI component assessing tools to determine whether they meet the definition of an AI system classifying tools according to risk level (prohibited, high, limited or minimal) determining the scope of responsibilities and adapting to those responsibilities The definition of an AI system is a key issue that we as lawyers are now focusing on. It contains six mandatory requirements and an optional one. It can be difficult to assess whether a given tool is an AI system because the definition is based on technical aspects such as the degree of autonomy or automation, explains Natalia Kotłowska-Wochna. Challenges and opportunities for start-ups For innovative start-ups, which often develop new AI tools themselves, the regulations represent both a challenge and an opportunity: Start-ups that want to launch AI-based tools on the market need to be properly prepared in terms of procedures and documentation. In particular, if such start-ups want to attract investment, they must be prepared to have their system audited for compliance with regulations that will come into force in the near future, emphasises Natalia Kotłowska-Wochna.

Deregulation, especially in the area of tax and energy law, is the main and long-standing demand of the business community. We have one of the most complex and at the same time strict tax systems in the world, and the lack of systemic solutions in the field of renewable energy development and responsible implementation of energy transition limits the competitiveness of Polish companies and the opportunities for new investments. The solution seems to be a deregulation package prepared as part of the Sprawdza-MY initiative by businessman Rafał Brzoska, who promises that his proposals will make it easier to do business. The aim is to bring about real, tangible change. Controversial legal mechanisms will be abolished, barriers removed, administrative procedures simplified and red tape cut. We hope that this project has a chance to permanently change the reality of business and the economic climate, not only in Poland, but also in the entire Central and Eastern European region in the future. That is why we have joined the team of the Warsaw Enterprise Institute, which is the only think tank advising Rafał Brzoska on this issue, along with a large group of employers’ organisations. Our aim is to contribute to a simple, modern and friendly legal environment for entrepreneurs. Poland’s energy sector deserves effective deregulation Łukasz Młynarkiewicz and Agata Dziwisz-Moshe will lead the teams working with WEI on deregulation. Łukasz, Partner in the Infrastructure, Energy, Environment and ESG Practice Group and Head of the Nuclear Energy Practice points out that the main issues in the energy sector will include: Creating a transparent regulatory environment and setting clear guidelines for investments in the sector Improving the transparency, quality and stability of legislation Streamlining administrative processes to accelerate energy transition Adopting solutions to increase available connection capacity and support the integration of new energy sources into the Polish Power System (KSE) Promoting long-term strategic planning that includes energy transition and greater business involvement in renewable energy Developing wind energy and relaxing setback rules Poland’s energy transition is trapped in a maze of regulations and complex administrative procedures. The time has come for well-designed deregulation that will unlock the sector’s investment potential, says Łukasz Młynarkiewicz. Let’s look at the facts: the average time to complete an onshore wind project is currently around 6 years, and for an offshore project like Baltic Power it can be as long as 13 years. This is not a pace that allows us to keep up with European commitments. We need a transparent and predictable legal environment that provides clear guidelines for investors. It is also crucial to streamline administrative and judicial procedures, which will significantly reduce project implementation time. In particular, there is an urgent need to implement more liberal setback rules for wind-power projects. It is also important to increase the available connection capacity and integrate new energy sources. Deregulation in this area will open the door to greater business involvement in renewable energy and allow for long-term, strategic planning of the energy transition of the entire economy. I have no doubt that without thorough deregulation and increased legal stability, Poland’s energy transition will grind to a halt. And time is running out, adds Łukasz Młynarkiewicz. Practical proposals for deregulating the tax system In Poland, the tax system often appears to be an obstacle for entrepreneurs rather than a facilitator of economic development. Taxation is therefore the area that entrepreneurs see as most in need of change. The biggest problems cited by the business community include: The length of tax audits and proceedings The abuse of criminal tax proceedings to suspend the statute of limitations Excessive documentation and reporting obligations required in the course of doing business Frequent changes in regulations combined with short vacatio legis, resulting in excessive cost burdens for companies that have to adapt to new regulations. Excessive regulatory complexity Introduction of multiple ‘quasi-taxes’ Entrepreneurs expect not only a simplification of regulations, but above all a reduction of excessive obligations in the area of transaction documentation and tax reporting. Another important issue is the elimination of the phenomenon of suspending the statute of limitations for tax liabilities by initiating criminal tax proceedings in a case shortly before the deadline. Businesses are also calling for solutions to eliminate the excessive duration of tax audits and tax proceedings, for example by proposing that no interest should be charged on late payments in the case of audits lasting more than six months. Another key issue for the business community is the increase in the number of general tax rulings issued by the Minister of Finance, which will help to clarify ambiguities on an ongoing basis. The Polish tax system is a dense forest for entrepreneurs in which even the most experienced can easily get lost, says Agata Dziwisz-Moshe, Partner and Head of the Tax Practice. Every day our clients face problems that should not be happening in a modern economy. Today, taxpayers are often treated as potential fraudsters rather than as honest businessmen who may make a mistake. This approach is particularly evident in the course of tax audits and tax proceedings against companies. Particularly appalling is the abuse of tax criminal proceedings to suspend the statute of limitations on tax liabilities, a practice that undermines the fundamental principles of the rule of law. The issue of interpretation of rules is also problematic. Businesses need predictability and stability in the tax system, but at present tax authorities often interpret the same provisions in different ways, frequently calling into question the protection to which taxpayers are entitled on the basis of tax rulings they have obtained, she adds. The biggest problem arises when foreign companies are confronted with the reality of the taxpayer’s dealings with the tax authorities in Poland, which in a broader perspective may deter such companies from investing in Poland.    Therefore, the main deregulation proposals of Agata Dziwisz-Moshe’s team include: A proposal that the initiation of criminal tax proceedings in a case should not result in the suspension of the statute of limitations The abolition of income taxes, which could be replaced by a single, simple revenue tax. This is a radical reform, but one that has the potential to bring many benefits to the economy, businesses and citizens Elimination of so-called quasi-taxes, which were not introduced by tax legislation but de facto fit the definition of taxes. This is an important step towards simplifying the entire system and increasing the transparency of the law. Introduction of a legal requirement that all laws introducing public levies be prepared exclusively by the Ministry of Finance as government bills. This will ensure that changes to the law are the result of comprehensive analysis by the Ministry, which will ensure their consistency and accuracy. The centralisation of the process will in turn eliminate inconsistencies in the law and increase the efficiency of legislation Introduction of the ‘one minus two’ rule – this is a key element of real deregulation of tax regulations, according to which for every new tax regulation, two existing ones should be abolished Change of Vacatio Legis – from one month to 12 months, which would be a step towards legal stability and allow better preparation of entrepreneurs for new regulations Introduction of the genuine liability of tax administration staff for errors made during tax audits and proceedings Tax deregulation should be based on a relationship of partnership between taxpayers and the administration. And this is the direction our proposals will take. From simple changes that have the potential to bring immediate relief to strategic solutions, everything should be built on these principles, says Agata Dziwisz-Moshe.

Mitmar is one of the leaders in the Polish FMCG market and has been setting quality and innovation standards in its industry for almost 30 years. Serving customers in the European Union, Eastern Europe, Asia and West Africa, the company continually invests in development to meet the challenges of today’s food industry. Since its inception, the company has demonstrated that it is not afraid to innovate. Most recently, it has developed ground-breaking technology in food processing. The challenge was not only to create a new, convenient technological solution, but also to ensure that it was legally protected. In this process, they chose to work with our Intellectual and Industrial Property Law Practice team. Patents successfully protect innovative technologies Karolina Marciniszyn and Tomasz Szambelan managed the complex process of obtaining patent protection for Mitmar’s proprietary solution. The project required conducting a detailed legal analysis, precise preparation of documentation and effective representation before the Polish Patent Office during a procedure that lasted almost three years. The patented technology, which uses a compact and closed production line, is a breakthrough in the FMCG industry. The solution not only improves the quality of the end product, but also responds to today’s environmental challenges, including by significantly reducing the carbon footprint. The closed-loop process allows the temperature of the raw material to be reduced, resulting in an accelerated freezing process and improved microbiological conditions. Patents are an opportunity for faster growth The success of the project proves that proper protection of intellectual property is a key element of an effective growth strategy in the industrial sector. A patent not only secures a competitive advantage, but also opens the door to new growth opportunities. Our work with Mitmar demonstrates the importance of a comprehensive approach to intellectual property protection in the development of innovative industrial solutions. However, for such a process to be effective, it is necessary not only to have knowledge of the law, but also to be willing to learn and understand the specifics of the industry and the client’s needs – says Tomasz Szambelan With the successful implementation of its solution and the effective protection of its intellectual property, Mitmar has once again confirmed its position as an innovative leader. The company has consistently pursued a growth strategy based on modern technologies, while maintaining the highest standards of quality and energy efficiency.

For many years, the largest law firms were predominantly run by men. Today, 43% of our partners are women. And they are not only great lawyers, but also courageous visionaries who are the driving force behind every positive change. Because they can see the big picture and stand up for what they believe in. And by changing the law, they change the world around us. So what can we do to empower women – and do it on their own terms? We have joined the Women’s Empowerment Principles initiative. And we are the first Polish law firm to do so. Not for an award or a certificate – but because we believe in the power of diversity. Women’s Empowerment Principles at Kochański & Partners The WEPs are a set of seven principles established by United Nations Women and the United Nations Global Compact to guide business in promoting gender equality. Their ultimate goal is to strengthen women’s empowerment, both in the workplace and in other areas of social life. As a WEPs signatory, we have become part of an international community of companies and organisations that are actively working towards a fairer and more sustainable world. At the same time, we are sending an important signal that we are fully committed to the programme’s agenda at the highest levels of our firm. I like working with women because they are creative and innovative, but at the same time practical, reliable and well prepared for the tasks they take on. Their enthusiasm is infectious and they have the belief that the sky is the limit, while keeping their feet firmly on the ground, says Piotr Kochański, Managing Partner. That is why we are committed to: Implementing a policy of equal pay for work of equal value Creating an inclusive working environment Supporting the career development of women Promoting education and training Implementing initiatives that benefit the local community Regularly measuring progress and reporting results Women’s Club at Kochański & Partners Joining the WEPs community is also another step in building an organisational culture based on diversity and inclusion. Indeed, the past year was full of such initiatives and events. One of the most recent was our Women’s Club, a project born out of a need to integrate the women working in our firm and the desire to create a space where they could spread their professional wings. The Club hosts meetings, workshops, an ongoing mentoring programme and information campaigns on topics such as women’s health. The future is built on different perspectives, management styles and ways of thinking. And the women who work with us prove this every day, says Diana Tavera, initiator of the K&P Women’s Club. For more information on the Women’s Empowerment Principles initiative, please visit the website.

The world today is urgently seeking ways to reduce the negative impact of human activities on the environment, and to better protect and reuse resources. And, where possible, to repair the damage done. Responsible companies are no different, taking a hard look at processes, asking questions that challenge the status quo and redesigning what can be improved. For the good of the planet and their business.

The debate on nuclear energy is one of the hottest topics currently attracting the attention of the public, energy transition experts and representatives of the scientific, political and business communities. But what does Poland’s economy need? What role should nuclear energy play in the overall electricity system and how can this sector develop, taking into account European policy, current trends, expectations and technological progress? Wojciech Wrochna discussed these questions with his guests on the second day of the Future Energy Congress. Future Energy Congress 2024 This is one of the most exciting industry events focusing on energy transition, decarbonisation and renewable energy. During this unique event, representatives from business, academia and the public sector have the opportunity to discuss the most pressing issues facing the energy market. It was the third time that we were a partner of this conference. In addition, we had the pleasure of moderating one of the main panels, this year devoted to the importance of nuclear energy for the Polish economy. The guests of the panel moderated by Wojciech Wrochna were Dr Łukasz Młynarkiewicz, Tomasz Nowacki, Dr Dawid Piekarz, Damian Ołdziejewski and Adam Rajewski. Everyone agreed that Poland needs nuclear power. The problem is how to speed up the implementation of such projects. Modern nuclear reactors are essential for energy security, and will also play a key role in the energy transition by replacing traditional fossil fuel power plants with new carbon-free energy sources. However, there is a need to consider how to reconcile the operation of nuclear technologies (both large NPPs and SMRs) and RES to deliver real benefits to consumers and the system.  

B. Braun is a world leader in medical technology. An innovator and active promoter of progress, it has been creating and setting global standards in healthcare for more than 180 years. With a presence in 64 countries and more than 63,000 employees, the company today offers more than 5,000 healthcare products.

There are over 100,000 foundations and public benefit organisations in Poland. Each of them, despite carrying out socially important and useful missions, operates in an extremely competitive market. This is because they have to raise public awareness of the issues they deal with and actively secure resources to maintain and implement their tasks.

Dutch industry is renowned for its innovative technologies, advanced IT systems and an environment conducive to the development of cutting-edge products and services. Not surprisingly, it was here that Cyclomedia was founded over 30 years ago.

Finding the ideal location for a business is a long and complicated process. This is especially true when the business requires particular conditions and the company itself has very specific needs. These include logistical or communication requirements, the ability to adapt the facility to the nature of the business, as well as ESG considerations.

The recent spectacular sale of the Ukraina Hotel in the centre of Kyiv for more than UAH 2.5 billion is not a random event, but a sign that the Ukrainian real estate market is entering a new phase. While most seem to be waiting for the ‘golden moment’, informed investors are already spotting unique opportunities to buy strategic properties in prestigious locations that are discounted by up to half the price and still available. Is it worth holding out? The figures speak for themselves. An increase in demand of more than 20% and a growing number of bidders vying for property assets suggest that the window of opportunity may be shorter than it seems. Especially as Ukrainian law guarantees foreign investors exactly the same conditions as local entrepreneurs. Privatisation in Ukraine opens doors to foreign capital Increasing number of bidders per auction – from 2.9 in 2023 to 3.2 in 2024 13 properties privatised in the first half of 2024 UAH 2.51 billion – the exact sale price of the Ukraina Hotel in Kyiv (September 2024) – the first such large transaction since the beginning of the war Why invest in the Ukrainian real estate market? Transparent purchase process: Prozorro online auction system Full access to property documentation in virtual data rooms Equal conditions for domestic and foreign investors The Prozorro system provides full transparency within the bidding process, allowing each stage of the transaction to be tracked in real time. Access to documentation, including financial statements, incorporation documents and contracts, enables a thorough analysis of potential investments before participating in the auction. All documents are available electronically, significantly streamlining the due diligence process. Investment potential Lower property prices (25-50% compared to pre-war levels) 22% increase in demand Opportunity to enter the market before competition The current situation offers a unique opportunity to enter the market. And at very attractive prices. Experienced investors know this. Particularly interesting is the case of Kharkiv, which, despite its proximity to the front line, has seen a significant increase in interest in commercial property, confirming the long-term investment potential of the entire region. State support Active policy focused on attracting foreign investment Continuous improvement of the privatisation system Access to detailed property information via official government platforms The Ukrainian authorities actively support foreign investors, including by simplifying administrative procedures and ensuring equal treatment of all market participants. The State Property Fund regularly updates the database of available properties and provides information support, which greatly facilitates decision-making. How can we help you? We offer comprehensive support in the investment process in Ukraine. Our expertise includes: Legal analysis of properties for privatisation Conducting due diligence Representation in tender procedures Advice on investment risk assessment Investment security in Ukraine We advise on risk assessment and help to analyse the location of properties, including from a security perspective, using available data and our own analysis of the situation in particular regions or sectors. So if you are considering investing in Ukrainian state property, contact us today. Together we can work out the best investment strategy for you, and together rebuild a stronger Ukraine.  

Infrastructure and Energy have always been critical areas of the economy. If well managed and invested in, they ensure the stable functioning of the country in every aspect, and their condition has a direct impact on the quality of our life and the sustainability of the complex system in which we function.

The world is currently gripped by war – both in the East and West. In Europe, Ukraine fights for it’s survival against a cruel and tyrannical superpower, Russia.

Despite strong competition from more than 120 companies, with more than 250 total entries all fighting for a share of the 27 available awards,

Rising costs and pressures on business have led many companies to question whether they can afford to pursue expensive and risky litigation projects, with many companies feeling they would rather settle than engage in unpredictable and risky legal battles.

The EU Council's new SLAPP directive represents a significant step towards addressing the issue of Strategic Lawsuits Against Public Participation (SLAPP) within the European Union.

ERGO Hestia is one of the largest players in the insurance sector, a leader in InsurTech and the creator of numerous innovative solutions. Kochański & Partners recently supported their client in obtaining ISO 27001 and ISO 27017 information security certification.

The team handling the project was led by Monika Maćkowska-Morytz, Partner in Kochański & Partners’ Technology and Personal Data Practice.

Cybersecurity and securing against digital risk are now the top priority for any organisation. Companies with foresight are thus aware of the need to obtain documents confirming the quality of their services, with certification the end goal in a whole chain of activities.

ERGO Hestia is one of the largest players in the insurance sector, a leader in InsurTech and the creator of numerous innovative solutions. Kochański & Partners recently supported their client in obtaining ISO 27001 and ISO 27017 information security certification.  

Polska Wytwórnia Papierów Wartościowych (PWPW) has signed a PLN 143 million agreement with Tarchomińskie Zakłady Farmaceutyczne “Polfa” S.A. for the purchase of more than 17 hectares of land in Tarchomin, Warsaw.

Following strategic actions in the areas of Global Transactions and International Finance, the time has come to complete the building of a comprehensive New Technologies Practice.

Kochański & Partners is entering the next stage in the consistent pursuit of its business strategy – consolidation, while increasing the number of its Partners and Equity Partners. Piotr Kochański, Managing Partner, has become head of the integrated New Technologies Practice, with one team being led by Monika Maćkowska-Morytz in her role as Partner. The Firm is joined by Dariusz Dobkowski and Marek Król, who will lead the Global Commercial Practice and the Banking & Finance Practice, respectively. Dariusz Dobkowski, Markiyan Malskyy and Karol Połosak have become Equity Partners. Kochański & Partners has also announced extensive expansion and its plans to open new offices in key Polish business centres.

Jansen is one of the largest Polish importers of cheese and other premium dairy products, having more than 20 years of experience in the food industry, and from being placed in the largest hyper and supermarket chains, has launched around 500 exclusive products on the Polish market. Kochański & Partners advised Jansen’s shareholder on the structuring and execution of a management buyout.

GKS Tychy is an ambitious football club from Silesia, consistently striving to add more trophies to its growing collection.

Kochański & Partners has received a high rating in the ESG audit conducted by EcoVadis, an international specialist rating agency. EcoVadis is a trusted provider of corporate sustainability ratings, having to date audited more than 100,000 businesses from around the world. To demonstrate its commitment to responsible and sustainable business conduct, the Firm underwent a detailed analysis of its non-financial activities. The high rating and the silver medal awarded to Kochański & Partners reflect its maturity and attention to high management standards.

The legal battle between Hermès brand owner and artist Mason Rothschild, the creator of ‘MetaBirkin’ NFTs, has lasted more than a year. But in February, the Court ruled that the NFT version of the famous Birkin handbags infringes the rights of the Hermès fashion house.

Agnieszka Chrzanowska, Partner and Head of the Kochański & Partners Media Sector, has been appointed Publications Officer on the Media Law Committee of the International Bar Association (IBA). This achievement has twofold significance, as it is also the first time that such a high-ranking position within the IBA has been entrusted to a Polish lawyer.

The year 2022 will not be remembered fondly in the cryptocurrency market. The progressive decline in the value of coins, the problems of the FTX exchange and the collapse of trust are all raising questions about the future of crypto. Can regulating the crypto-asset market be a panacea for the market’s ills?

Kochański & Partners has joined the United Nations Global Compact – the world's largest initiative bringing together businesses working for sustainable development, and forming an integral part of the UN system based in New York. In advising clients on environmental issues, energy transition, sustainable finance, human rights, labour law and corporate governance, Kochański & Partners also implements ESG best practices into its day-to-day operations.

Disagreements between shareholders can be a healthy thing, leading to creative solutions through the reaching of compromises. Differences can involve issues as diverse as how a company should be managed and controlled, and the direction and strategy it is taking. However, if differences become entrenched, the result can be potential deadlock and the loss of the ability to make important decisions, which can be severely damaging to a company and its shareholders.

There’s a lot going on in the EU about Artificial Intelligence - Artificial Intelligence (AI) is at the heart of the EU’s strategy for creating a digital single market, and too this end, a number of EU legal documents have seen the light of day over the last several years. However, in April 2021, the European Commission presented a revolutionary proposal for a regulation on AI (Artificial Intelligence Act), laying the foundations for a legal framework for the use of AI within the European Union. Legislative work on the AI Act is already at an advanced stage and the document is expected to come into force at any moment.

We advised Savills, the international property advisory firm and leader in the commercial property industry, on the acquisition of a part of Knight Frank’s business, including its property management division. Following the transaction, Savills now manages more than 1,200,000 m² of office space.

Kochański & Partners is the coherent, consistently and effectively built business advisory concept of Piotr Kochański. Lawyer, entrepreneur and manager, Piotr has set trends on the legal market in Poland for nearly 37 years, and fiercely promoted legal talent.

As a new business trend, ESG is of growing interest to an increasing number of markets. More and more businesses are publishing ESG strategies and with good reason. According to PwC’s 2021 U.S. survey, 83% of consumers indicated a preference for companies to implement ESG best practices, and 86% of employees prefer to work for companies that care about ESG values.

Kochański & Partners, the authors of the first metaverse report in Poland, published a follow-up tax themed report on 27 October. “Taxation of Cryptocurrencies and NFTs, and Challenges in the Metaverse” is a comprehensive overview of the tax consequences of events and transactions involving cryptocurrencies and NFTs. The publication was coupled with presentation of the report and an expert debate featuring the participation of representatives of business, new technology market practitioners who deal on a daily basis with crypto, NFTs and the Metaverse, and lawyers specialising in digital economics and taxes.

On 27 September this year, the Baltic Pipe - the first ever offshore gas pipeline connecting Poland with the European energy system - was officially opened and symbolically launched. This is the first such large-scale project in the Polish area of the Baltic Sea. The Baltic Pipe is of strategic importance for energy security, as it has enabled the creating of a new gas supply corridor in Europe, allowing gas to be transported from Norway to the Danish and Polish markets, and also to end-users in neighbouring countries. The pipeline also enables the transmission of gas from Poland to Denmark. The investment is being carried out by the Polish gas transmission pipeline operator Gaz-System in cooperation with the Danish operator Energinet.

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the work-life balance for parents and carers and repealing Council Directive 2010/18/EU, commonly referred to as the work-life balance directive, is due to be implemented into the Labour Code by the Polish government.

Making the world a better place is the key to our vision for building a new future. For nearly 25 years, we have been creating and initiating change, and not only when it comes to the legal market. We believe that we also have a responsibility to set benchmarks and trends in the wider social area, outside of our day to day legal service to which our Clients and colleagues have become accustomed.

Our M&A team, led by Pawel Mardas, assisted Klima Energy, the Spanish Alantra Group VC fund, in their PLN 70 million investment into SunRoof. Sunroof is a Polish-Swedish start-up, offering pholtovoltaic roof panels to produce green energy for powering homes, in countries including Poland, Germany, Sweden and Norway.

History shows that the last bastion of freedom of speech, which guarantees these values, is the free press. But it’s no secret that since 2015, key constitutional values have been in crisis. Over the past three years, there have been repeated legal actions by state institutions, state-owned companies, businessmen and other lobbying organizations aimed at stifling the work of journalists, publishers and NGOs.

Paweł Cholewiński has been appointed Partner in charge of Kochanski & Partners Transactional Practices Group, with both the Sectorial Real Estate and Mergers & Acquisitions Practices now falling under his remit.

Polish Tech Pitches to Private Capital | Access to International Finance he access to international finance is an aspiration for many growing companies, especially in Poland, where the quantum and complexity of the finance needed requires other forms of investment and markets than can generally be found in Poland, and this is where London becomes such an important centre.

The Polish Bank Association has just published the PolishCloud 2.0 Standard, i.e. a standard for the implementation of public and hybrid cloud computing services. This is the most recent and comprehensive set of practices and solutions guiding banks smoothly through the cloud migration process, with the highest security standards applied.

We are delighted to announce that David Thomas, a renowned expert in financial markets and banking, the former Chairman of the British Polish Chamber of Commerce and CEO in many financial institutions in London and Warsaw, i.a. HSBC Polska, has joined Kochański & Partners as Head of International Finance.

Following our continuing dynamic growth, and in response to the talent, experience and hard work of our Team, we are delighted to announce the promotion of 12 of our Colleagues, including 10 lawyers. Aleksandra Ryżkowska, Head of International Practice Development and Head of the Chinese Business Desk, has been appointed as Partner. Weronika Duda from the Real Estate Practice, Aneta Serowik from the Corporate Practice, Szymon Ciach and Piotr Kaniewski from the Technology Practice, and Jakub Jach from the Disputes of Financial Institutions Practice have been promoted to Counsel. Dominik Karkoszka from the Corporate Practice and Patryk Lisiecki from the Disputes of Financial Institutions Practice, have been promoted to Senior Associate, and Paulina Perkowska from the Technology Practice and Dominik Gryś from the Real Estate Practice, have been promoted to Junior Associate. Pola Trzęsicka has been promoted to Executive Managing Partner Assistant/Office Manager, and Artur Ziejewski to Junior System Administrator. “I would like to congratulate everyone in their new positions and thank them for their commitment, professionalism and effort they have put into building client relationships and maintaining our position on the market. These promotions demonstrate the excellence and drive of Our Team, which is made up of seasoned advisers and a new, young generation of lawyers. The enormous potential of this Team is recognised by the business community and the market, who continue to entrust us with innovative domestic and international projects. We also recognize and appreciate this potential within Our Firm” – said Piotr Kochański, Managing Partner. Aleksandra Ryżkowska is responsible for developing a network of international contacts, particularly within the European Network of Pinsent Masons. She coordinates the growth of cooperation in foreign markets and strengthening of Kochański & Partners’ position as a firm serving clients operating globally. After graduating from law school at the University of Warsaw, Aleksandra completed her LL.M. in Political Science and Law at the China University of Political Science and Law. Prior to joining Kochański & Partners, she worked i.a. at the Polish Embassy in Beijing, where she supported Polish-Chinese economic cooperation. Weronika Duda advises on real estate projects on the Polish market and also on complex, cross-border transactions. Furthermore, she also supports German-speaking clients on the Polish market as Co-Head of the German Desk. Aneta Serowik specialises in commercial and capital markets law. She conducts multi-thread litigation concerning civil, commercial, criminal and capital markets law matters. Aneta advises companies on day-to-day corporate matters and M&A transactions. She is recommended by The Legal 500 in Commercial, Corporate and M&A, and also Restructuring and Insolvency. Szymon Ciach advises on the implementation of IT projects and innovative digital solutions and supports financial institutions in the field of outsourcing regulations (cloud services) and also specialises in blockchain technology. Szymon was involved in the development of the PolishCloud 2.0 Standard published in February 2022. Piotr Kaniewski specialises in drafting and negotiating IT contracts, in particular those involving Agile and DevOps. He advises on building agile contract and purchasing models and implementing IT solutions based on cloud computing, AI and robotic process automation (RPA). Piotr is a frequent speaker at the Digital Banking Academy organised by the Polish Bank Association (ZBP) and the Banking Law Centre. Jakub Jach advises and represents clients in civil law litigation regarding claims arising out of foreign currency loan agreements and foreign currency-indexed loan agreements. Jakub also participated in developing the litigation strategy for one of Poland’s largest commercial banks with regard to claims arising from Swiss franc loan agreements, regarding remuneration for the non-contractual use of capital due to a loan agreement being cancelled. It is our aim and ambition to foster talent and the development of Our Team. We congratulate all those promoted and wish them success in their new roles! 17 March 2022

We are the authors of the first extensive report on the metaverse in Poland.

Jakub Krysa, PhD has joined Kochański & Partners to head up the Public Procurement Practice and the Spanish Desk.

As a sign of our new strategy and solidarity with Ukraine, we have decided to establish a Ukrainian Practice (Ukrainian Desk).

Nearly 24,000 kilometres of roads, end to end measuring ca. 60% of the Earth’s equator in length, hundreds of bridges, thousands of buildings and tens of thousands of cars – this is only a partial account of the destruction inflicted so far on Ukraine by Russian forces. But although the war in Ukraine has not stopped since 24 February 2022, the prospect of a post-war reality cannot be ignored, and so ways of rebuilding the country should be considered.

In a Sale & Leaseback transaction, a property used for business purposes is sold and simultaneously made available for use by the seller under a lease or rental agreement.

Rebuilding infrastructure and meeting the current needs of citizens are among the most important tasks facing Ukraine today.

Kochański & Partners has advised Inovo Venture Partners VC fund on a transaction involving the acquisition of shares in technology company SunRoof. The investment was made as part of the seed round extension, with Inovo being the lead investor. Other investors participating in the round included other VC funds: SMOK Ventures, LT Capital, EIT InnoEnergy, FD Growth Capital and KnowledgeHub, and also local and international business angels.

The issue of Swiss franc loans remains a key challenge for the financial sector in Poland. Banks' uncertainty over the options for regulating this problem is casting a shadow over development of the banking sector in Poland. The coming weeks and months will therefore be crucial for the development of business and litigation strategies by financial institutions. 

Kochański & Partners is expanding its energy and infrastructure practice with the addition of a new partner, Katarzyna Barańska Ph.D., to head up the Infrastructure & Environment team. Her extensive experience covers legal advisory on major infrastructure projects, renewable energy sources, environmental law and municipal investments.

Beyond.pl, the provider of the most secure data center services in Europe, is joining forces with the law firm Kochanski & Partners. Their partnership offers customers further confidence that colocation and cloud implementation projects will be technologically superior and compliant with legal requirements. The cooperation is international in scope. 

Kochański & Partners entered the new year with an expanded team. Wojciech Śliż, the former Director of the VAT Department at the Ministry of Finance, has joined the tax law practice as counsel.

It is our great pleasure to inform you that the Kochanski & Partners law firm has received the title of “Law Firm of the Year: Central Europe” in the prestigious “Lawyer Awards 2020” competition.

To reflect the new technological ecosystem, from 1 November 2020, Kochański & Partners have consolidated their Technologies team by introducing a group of specialists: Szymon Ciach (Senior Associate), Piotr Kaniewski (Senior Associate), Piotr Gałka (Counsel), and Łukasz Węgrzyn (Partner).

Idea Bank is the first Polish financial service sector entity to obtain the ISO 27017 and ISO 27001 certifications, confirming that its cloud computing solutions meet the highest international standards, and that customer data is processed in the cloud with full respect to security standards. Kochański & Partners advised the bank throughout the certification application process.

This is the eleventh edition of the Lawyer Awards already. The awards scheme attracts entries from over 120 independent law firms headquartered in Europe and global firms across the Continent. This is the highest distinction for independent law firms and the culmination of many years of hard work consistently spent on building the brand, strength and effectiveness of the Kochański & Partners law firm. The nomination constitutes an occasion to appreciate, with great satisfaction, the stage and the position currently held by the firm.

The Regional Court in Poznań granted the fourth successive injunction in favour of Forteam Investments Ltd., an investment company belonging to Delta Capital Partners Management – a U.S. private equity fund, in the pending dispute with Mariusz Świtalski. This time, all assets of Druga – Sowiniec Capital, including a mansion in Sowiniec, surrounding grounds and a polo club with horses, have been seized as a result of seizure of shares under the court decision.

On 7 October 2020, the arbitral tribunal conducting proceedings under the UNCITRAL rules issued an award in the case of our Client “Muszynianka” sp. z o.o. against the Slovak Republic. The Tribunal decided that Slovakia violated international law to the detriment of the Polish company.

The Warsaw Stock Exchange attracts ever more foreign investors, with their share in WSE turnover reaching 58% in H1 2020. In response to these accelerating business trends, Kochański & Partners is reinforcing its Capital Markets Practice, with the appointment from October of Jarosław Grzywiński, Partner, former President of the WSE Management Board, as its new leader.

Kochański & Partners has been awarded a tender for legal services to PSE S.A. – the sole Polish electricity transmission system operator. The Firm will assist PSE in addressing the formal and legal aspects of the company’s electricity infrastructure. As part of the project, Kochański & Partners lawyers will represent the client before public administration bodies, common and administrative courts, the Supreme Court and the Supreme Administrative Court, in addition to advising on preparation for and conduct of proceedings, as well as drafting of relevant legal opinions.

The District Court for Kraków-Śródmieście has discontinued criminal proceedings against an Onet journalist who wrote about paedophilia in the Tricity area (Gdansk, Gdynia and Sopot). Mr Podolski was represented by advocate Mateusz Ostrowski, Partner and Head of Litigation at Kochański & Partners.

Co-authors of films accompanying newspapers are entitled to additional royalties,  however only on copies actually sold, and not on the entire published run. Moreover, the amount of royalties may not be arbitrarily imposed by copyright collecting societies. This is the conclusion stemming from a judgment of the Supreme Court, which endorsed the arguments of Kochański & Partners lawyers representing our Client – Ringier Axel Springer Polska.

The Polish Bank Association, Microsoft, Google Poland, the National Cloud Operator, Accenture and Kochański & Partners have established a joint group to promote cloud computing solutions in the Polish banking sector, creating the PolishCloud Academy project, providing free training and workshops relating to cloud implementation for representatives of financial institutions.

Kochański & Partners (K&P) is implementing a new business strategy to rapidly accelerate its penetration of international markets via strategic alliances with key foreign law firms. This strategy involves a reformulation of the business model and closer, comprehensive cooperation with clients. Kochański & Partners also plans to remodel its internal structures and processes, in particular in the BDM area. This transformation process will be managed by the new Business Development & Marketing Director – Barbara Lenarcik, formerly Marketing Director at SSW Pragmatic Solutions, with two more former SSW employees joining the department: Marcin Woliński (Manager) and – from July – Paulina Berska (Specialist).

Kochanski & Partners is the exclusive legal partner of the working group on a standard for cloud computing implementation in banks, established by the Polish Bank Association (ZBP) and the Banking Technology Forum.

Ringier Axel Springer Poland (RASP), a part of the leading CEE multimedia Ringier Axel Springer AG group, has consolidated its dispute resolution services by choosing Kochański & Partners as its legal advisor in Poland.

The K&P Transaction Advisory and Analysis team has prepared a report on the structure of the M&A market in Poland. The report presents an in-depth analysis of current trends in the M&A market and phenomena affecting its structure in the first half of 2019.

Echo Polska Properties N.V. (EPP) has acquired from Echo Investment S.A. another building of the O3 Business Campus office complex in Krakow under the right of first offer (ROFO) contract. The office building, constituting the second stage of the O3 Business Campus office was valued at EUR 49.2 million.

We advised US investment firm Davidson Kempner Capital Management on the high profile GBP 180 million financing granted to Pepkor Europe of the Steinhoff Group

Kochański & Partners law firm (K&P) advises EPP on its EUR 91.1 million acquisition of King Cross Marcelin shopping centre in Poznan – EPP’s first entry into Poznan.

Kochanski & Partners (K&P) advised Groupe Beneteau (France), one of the two largest sailing and power boat manufacturers globally, on its transaction with Delphia Yachts – Poland’s leading boatbuilder. As a result of this transaction, the rights to sailing and power boat designs, and the building and marketing activities of the Delphia and Maxi Yacht brands were acquired.

Kochanski & Partners Law Firm has advised Coca-Cola HBC Polska sp. z o.o. in the negotiations and execution of a lease agreement for office and warehouse space in the Business Garden office complex in Warsaw.

Kochański & Partners has advised an investment fund managed by the Griffin Estate Group on the sale of the office building located in the centre of Warsaw.

Report authored by the Polish Investment and Trade Agency (PAIH) and Kochański & Partners Business Law Firm shows the opportunities for Japanese investors in Poland.

GC Summit – Central & Eastern Europe invites the most esteemed in-house counsel from the CEE’s most prolific companies to discuss their changing roles as in-house leaders and the challenges, issues and opportunities they are facing in 2019 and beyond. Between comprehensive panel discussions and the opportunity to meet and engage with fellow in-house counsel, GC Summit – Central & Eastern Europe promises to be a practical, forward-looking event bringing together the region’s top legal minds.

For many years now, we have observed with great concern the growing level of economic crime and abuse affecting Polish companies. This has made us aware not only of the inherent weakness of the system, but also of the limited effectiveness of ad hoc actions, which do not significantly reduce the problem while consuming large amounts of money.