Category: Poland

Dentons has advised Helaba Landesbank Hessen-Thueringen on its EUR 129 million refinancing of five Accolade warehouse parks in Poland. Allen & Overy reportedly advised Accolade.

According to Dentons, the warehouse portfolio consists of five parks located in Gorzow Wielkopolski, Szczecin, Czestochowa, and Kielce.

Accolade is an investment company providing infrastructure for business in Europe. The company owns a network of 47 industrial parks in the Czech Republic, Poland, Germany, Slovakia, the Netherlands, and Spain.

“This is the second large refinancing of our Polish portfolio, after the first one that we closed in September 2020 and extended in September 2021 amid the COVID-19 pandemic,” Accolade CFO Tomas Prochazka commented. “The times and the market have changed so much since that time for different reasons and have been a real challenge to many players. Accolade’s strategy, however, proved to be bullet-proof and we continue in building long-lasting relationships with the major European banking groups. Financing with our new partner – Helaba Bank – placing confidence in our operations, is here yet another positive verification.”

The Dentons team included Partners Bartosz Nojek and Piotr Staniszewski, Counsel Jakub Zienkiewicz, Associates Justyna Machnicka, Kamil Osowski, Kamil Igielski, Kamil Gapski, Joanna Nawrotkiewicz, and Sebastian Czaplinski, and Paralegal Kamil Bator.

The Polish Medical Devices Act of 7 April 2022 (the MDA) does not provide a definition of medical device advertising or criteria that could allow a clear assessment of whether an activity is advertising and what requirements it should meet.

What activities are considered as advertising under the MDA?

The Polish Medical Devices Act of 7 April 2022 (the MDA) does not provide a definition of medical device advertising or criteria that could allow a clear assessment of whether an activity is advertising and what requirements it should meet.

The following forms of promotional activities are in practice considered the advertisement: advertising spots on the radio, television and on the Internet, advertising leaflets and brochures, advertisements on billboards and in display windows, advertisements in general and trade magazines, as well as educational materials, gadgets or items of a promotional nature.

Depending on their form and content, the following can be also treated as the advertisement: blogs and vlogs, social media posts, websites, articles, interviews, and influencer public statements.

Forms of advertising under Article 58 of the MDA

In addition, the MDA lists examples of activities that the new legislation is about to apply to:

• business activity where the device is used to provide services, insofar as it relates to services provided with the device,
• presenting devices at events whose purpose or effect is to encourage the purchase of the device, and/or financing such meetings,
• visiting healthcare professionals to promote devices,
• sponsorship of trade fairs, exhibitions, shows, presentations, conferences, conventions and scientific congresses, including those for healthcare professionals or traders of devices, and/or presenting devices during such events,
• directing opinions to the public by device users if they receive benefits from it,
• samples to promote devices.

Trade fairs, exhibitions, demonstrations

According to Article 21(3) of the Regulation 2017/745 on medical devices (the MDR) and Article 19(3) of the Regulation 2017/746 on in vitro diagnostic medical devices (the IVDR), it is permissible to display medical devices incompliant with the MDR/IVDR at trade fairs, exhibitions, demonstrations or similar events, if there is a visible sign clearly indicating that such devices are intended for presentation or demonstration purposes only and cannot be made available until they have been brought into compliance with the MDR.
According to the MDA, violation of the obligation to display such information is punishable by a fine of up to PLN 1 million (approx. EUR 222,000).

By Agnieszka Majka, Partner, Celina Bujalska, Senior Associate, and Paulina Roslon-Horosz, Junior Associate, NGL Legal

Former Counsels Robert Wodzynski and Tomasz Kwasniewski have been appointed as Partners with SSW Pragmatic Solutions.

Real estate and construction expert Wodzynski specializes in acquisitions, development management projects, financing, and leases. He has been with the firm since 2019 when he started as an Associate. Earlier, he spent almost three years with MWS-MCB Adwokaci and, earlier still, over four years in-house with Home Broker.

“Robert has supported SSW for years, not only as regards legal issues, but also technological ones,” Managing Partner Piotr Spaczynski commented. “This perfectly demonstrates his understanding of the common legal market, but also indicates his comprehensive, expert knowledge.”

Kwasniewski, who specializes in banking and finance, has been with SSW since 2015 when he began his career as an Intern. He became a Junior Associate the same year, an Associate in 2016, a Senior Associate in 2019, and a Counsel in 2021.

“Tomasz has been with us for many years, and throughout this time he has courageously taken on challenging projects,” General Partner Szymon Okon said. “He is one of the most talented lawyers of the younger generation and he is highly appreciated by both clients and colleagues.”

Gorzelnik Nentwig Ziebinski has advised Aerotunel on its acquisition of two utility-scale solar energy projects in Poland from developer Arenella.

Arenella, established in 2018, is a photovoltaic installation developer operating throughout Poland, both in the field of micro-installations and large-area photovoltaic power plants.

Aerotunel is a Warsaw-headquartered company that operates extreme sports and entertainment venues (the Flyspot wind tunnels and the Deepspot scuba diving pool).

The GNZ Legal team was led by Partner Jakub Gorzelnik.

JDP Drapala & Partners has announced the launch of its new Energy and Renewables practice in Warsaw with the arrival of Practice Head Michal Drozdowicz.

The new Energy and Renewables practice will advise clients “on energy issues regarding developing and acquiring renewable energy sources, including due diligence checks in M&A transactions and RES financing, primarily in the PV sector.”

According to JDP, Drozdowicz has over twenty years of experience in energy law and renewables. Prior to joining the firm, he spent over three years with Eversheds Sutherland. Before that, he spent seven years with Dentons and, earlier, another four years with Wierzbowski Eversheds. Earlier still, Drozdowicz spent over two years as an Associate with Schampera, Dubis, Zajac i Wspolnicy, between 2006 and 2008.

“We are very happy that Michal Drozdowicz has joined JDP and will take charge of the Energy / Renewables practice,” Partner Marcin Chomiuk commented. “Michal is a renowned practitioner in the area of legal advice on renewables investment process and legal due diligence regarding acquiring and performing RES projects in Poland.”

“In the last year, we observed an energy crisis and its consequences that affected the ambitious projects in the Polish energy sector,” added Drozdowicz. “It seems that changes are coming in terms of securing energy prices, handling consequences of interferences on the energy markets, dynamic investments in completed or ongoing RES projects, and expansion of energy generation and grid infrastructures. Thanks to their top-tier experts in areas crucial for protecting the interests of clients from the energy sector, JDP has great opportunities available. I’m happy to be a part of it.”

Former DWF Partner Oskar Waluskiewicz has joined DLA Piper as a Partner and Head of the firm’s Energy practice in Poland.

Specializing in energy, Waluskiewicz moves from DWF, which he first joined as a Local Partner and Co-Head of the Energy department in 2019, before being promoted to Partner in 2020 (as reported by CEE Legal Matters on February 5, 2020). In 2016, he had joined K&L Gates as a Counsel and Co-Head of the Energy department, where he became a Local Partner in 2019. Earlier still, Waluskiewicz was a Senior Associate with Baker McKenzie between 2011 and 2016. He also worked at CMS from 2007 to 2011, first as a Junior Associate and then as a Senior Associate.

“I am excited to join DLA Piper at such a crucial time for the energy market in Poland and globally,” Waluskiewicz commented. “We are witnessing an energy transition on an unprecedented scale. The growth of installed capacity in the renewable energy sector, and the pace of emergence and implementation of new technologies are impressive.”

“Oskar’s appointment is a key element of our growth strategy in response to the development of the energy sector in Poland and the CEE region,” DLA Piper Warsaw Co-Managing Partner Jacek Gizinski added. “Oskar brings a wealth of experience, particularly in the areas of renewable energy, nuclear, as well as district heating and oil and gas.”

Former Counsels Klaudia Fratczak-Kospin and Piotr Grabarczyk have been appointed as Partners with WKB.

Specializing in insolvency and restructuring, corporate and M&A, and private equity, Fratczak-Kospin is a Co-Head of WKB’s Restructuring & Insolvency team. She has been with the firm since 2006, having first joined as a Legal Trainee and being promoted to Associate in 2010, Senior Associate in 2014, and Counsel in 2019.

Grabarczyk, specializing in insolvency and restructuring and banking and finance, is also a Co-Head of WKB’s Restructuring & Insolvency team. He joined the firm in 2014 as a Senior Associate and was promoted to Counsel in 2019. Prior to joining the firm, he was a Senior Associate at Weil Gotshal & Manges from 2009 to 2014.

Wardynski & Partners, working with Morrison Foerster, has advised Nouryon Chemicals International on its acquisition of Adob Fertilizers. GWW Legal advised the seller.

According to Wardynski & Partners, the agreement was signed on September 28, 2022, and the transaction was closed on January 3, 2023, after obtaining merger approval from the Polish competition authority.

Dutch chemical company Nouryon produces substances used to manufacture products such as personal care items, cleaning goods, paints and coatings, agri-food products, pharmaceuticals, and building products. The company employs 7,650 people in over 80 countries.

Adob is a Poznan-headquartered water-soluble fertilizer and micronutrient producer.

The Wardynski & Partners team was led by Partners Maciej Szewczyk and Izabela Zielinska-Barlozek and included Attorneys-at-Law Katarzyna Jaroszynska and Sylwia Stalenczyk-Janc and Lawyer Bartosz Lewandowski.

The GWW Legal team included Partners Jakub Obiegly and Mariusz Tkaczyk, Of Counsel Marcin Borkowski, Attorney-at-Law Joanna Butkowska, Senior Associate Michal Modrzejewski, Lawyer Adrianna Bobkiewicz, and Associate Jacek Olczyk.

On January 9, 2023, WKB announced that the sale of Health Labs Care to Medvic (reported by CEE Legal Matters on September 28, 2022) had closed following regulatory approval.

Health Labs Care is dedicated to dietary supplements and cosmetics and special-purpose food.

The Medvic company is owned by the USP consumer health group. The USP Group has been operating since 1990, is present in 12 European countries, and has two production plants employing approximately 1,000 people.

As reported, WKB had advised the shareholders of Health Labs Care on its sale to Medvic, while PwC Legal advised the USP Group on the acquisition.

WKB’s team included Partner Jakub Jedrzejak, Managing Associate Malgorzata Studniarek, and Associate Joanna Ksepko.

PwC Legal’s team included Managing Partner Cezary Zelaznicki, Partners Beata Kiedrowicz and Artur Gatowski, Counsels Bartlomiej Wlodarski and Marcin Dabrowski, and Senior Associate Marek Solarski.

Shearman & Sterling has advised Elemental Holding on a USD 290 million equity private placement and investment from the International Finance Corporation, EBRD, and Polish Development Fund.

Established in 2010, Elemental is a recycler focused on extracting palladium, platinum, and rhodium from spent automotive catalysts; gold, silver, and copper concentrate from waste electrical and electronic equipment and printed circuit boards; and non-ferrous scrap metal. Elemental currently has 55 subsidiaries in 35 countries owning more than 50 collection and processing facilities – of which 30 in Europe.

Shearman & Sterling’s team included Partners Pawel Szaja and Nick Withers and Associates Isla Smith, Daniel Senior, Olivia Roxborough, Richard Quarshie, Edward Jones, Jonathan Bowering, Lucy Foulkes, and Catherine Bar.

Shearman & Sterling did not respond to our inquiry on the matter.

Editor’s Note: After this article was published, Hogan Lovells announced it had advised the IFC, EBRD, and Polish Development Fund. The firm’s team included Warsaw-based Counsel Tomasz Zak and Senior Associates Piotr Kwasiborski and Tomasz Pietrzak as well as team members in London, Hamburg, Luxembourg, and Washington DC.