Category: Poland

KWKR Konieczny Wierzbicki and Partners has advised Ailleron on an agreement to implement its LiveBank system in a cloud model with Santander Leasing and cloud services provider OChK.

Ailleron is a Krakow-headquartered software company providing technology services and IT. It focuses on software development services for banks, leasing companies, financial technologies, and other entities from the financial industry.

According to Ailleron, the deal is a milestone in digital innovation and a revolution from which Santander Leasing’s customers will benefit greatly.

According to KWKR, “the agreement with Santander Leasing makes the LiveBank platform available to the leasing company’s customers in a software-as-a-service model. The LiveBank platform is a digital tool for managing customers’ issues that enables remote communication with them. With LiveBank, Santander Leasing customers can establish a chat connection with a company consultant at any time. The platform also offers the ability to share documents and view chat history, which facilitates collaboration and strengthens customer relationships.”

Moreover, KWKR reports that OChK – Operator Chmury Krajowej – a Polish cloud computing provider, will be tasked with providing “cloud services and support in ensuring compliance of the cloud services used with legal requirements and industry regulations, in particular with the recommendations of the Polish Financial Supervision Authority.”

Back in 2022, KWKR advised Ailleron on an agreement with ING Bank Slaski and OChK (as reported by CEE Legal Matters on December 22, 2022).

The KWKR team included Associate Gabriela Kocurek.

DLA Piper has advised OX2 on the construction of the Juniewicze, Grajewo, and Sulmierzyce wind farms with a total capacity of over 100 megawatts. 

OX2 is a European developer of renewable energy sources.

According to DLA Piper, the 48-megawatt Juniewicze wind farm, located in the province of Mazovia in Poland, will produce “approximately 139 gigawatt-hours of energy per year, corresponding to the annual electricity consumption of approximately 32,000 households.” 

The firm reports that the Grajewo wind farm, located in the province of Podlasie, has “12 wind turbines with a total capacity of 41.4 megawatts, which will produce about 130.6 gigawatt-hours of energy annually, capable of powering up to 40,000 households annually.” 

Finally, the Sulmierzyce wind farm, situated in the Greater Poland province, consists of “seven wind turbines with a total capacity of 23.1 megawatts, producing an average of 67.6 gigawatt-hours of energy, powering approximately 21,000 households.”

The DLA Piper team included Partner Oskar Waluskiewicz, Senior Associates Anna Kopania, Mateusz Koszel, and Szymon Sakowski, and Associate Michal Gizewski.

DLA Piper did not respond to our inquiry on the matter.

MFW Fialek has advised on a financing transaction for Tutore Poland’s LangMedia language school operator.

Tutore Poland, formerly Music & More, commenced its educational activities in 2017. It initially conducted in-person classes in over 1,000 locations throughout Poland. Following the outbreak of the pandemic in 2020, the company introduced a new business model focusing on online education for children and adults. Today, it delivers classes on its proprietary platform.

LangMedia is a language school in Poland.

Earlier, MFW Fialek advised on a few related transactions: the initial sale of a minority stake in Music & More (as reported by CEE Legal Matters on January 21, 2022), Tutore Poland’s merger with ProfiLingua (as reported on September 14, 2022), Tutore Poland’s acquisition of a 51% stake in LangMedia (as reported on September 20, 2022), and on Tutore International Luxembourg’s takeover of Tutore Poland (as reported by CEE Legal Matters on October 12, 2023).

The MFW Fialek team included Partner Miroslaw Fialek, Senior Associate Pawel Siwiec, Associate Czeary Gizinski, and Junior Associate Natalia Grzegorzewska.

MFW Fialek did not respond to our inquiry on the matter.

White & Case has advised Pelion on a EUR 25 million equity investment from the European Bank for Reconstruction and Development through a capital increase. Dentons advised the EBRD.

Pelion is a Polish company providing services across the pharmaceutical distribution market to individual patients, pharmacies, hospitals, and manufacturers.

According to White & Case, “as a result of the investment, the EBRD will become a minority shareholder holding 4.35% of the shares in Pelion. The EBRD’s investment will provide support for Pelion to further strengthen its position in the pharmaceutical market in Poland and Europe, as well as explore and develop new business areas.”

The White & Case team included Warsaw-based Partner Marcin Studniarek, Of Counsel Aneta Hajska, and Associate Damian Lubocki.

The Dentons team included Warsaw-based Partners Jakub Celinski and Marceli Kasperkiewicz and Senior Associate Paulina Galewska and Prague-based Partner Chris Watkinson and Associate Petr Mueller.

DLA Piper has advised Generali CEE Holding on its full acquisition of 4Life Direct Poland from 4Life Direct International. CMS reportedly advised 4Life Direct International.

Generali CEE Holding is an insurance group active in Central and Eastern Europe.

4Life Direct International is a group of direct-to-consumer insurance distribution companies.

According to DLA Piper, “this transaction will strengthen Generali’s position in the insurance market and allow it to consolidate its operations, reduce operating costs, and increase the efficiency of its business processes.”

The DLA Piper team was led by Partner Rafal Kluziak and included Counsels Magdalena Koniarska and Beata Mrozowska-Bartkiewicz, Senior Associates Piotr Rysiak and Olga Lesniewska, and Junior Associate Aleksander Stanek.

Norton Rose Fulbright has advised Bank Polska Kasa Opieki on providing financing for the construction of Vaskol’s photovoltaics portfolio in Poland. Dentons advised Vaskol on the financing.

Vaskol is a company controlled by Northwood Infrastructure Capital, a private equity firm specializing in renewable energy and digital infrastructure. With a strategic focus on Europe, NICL is actively engaged in the development and construction of energy storage facilities and renewable power plants.

According to Norton Rose, the target PV portfolio is spread across Poland and expected to reach commercial operation this year.

The Norton Rose team was led by Partner Tomasz Rogalski and Senior Associate Igor Kondratowicz and included Senior Associate Cezary Zawislak, Associate Karolina Lepakiewicz, and Lawyer Bartosz Odziemkowski.

The Dentons team was led by Partner Piotr Nerwinski and Counsel Justyna Jamrozy and included Associate Katarzyna Kaptur.

Marszalek & Partnerzy has advised Goodspeed and its shareholders – Sylwester Rypina, Pawel Rypina, and Enterprise Investors – on the full acquisition of StockEasy.

StockEasy is a Polish platform offering restaurants and catering businesses a solution to optimize and manage their supply and food-sourcing processes.

According to Marszalek & Partnerzy, “Goodspeed is the undisputed leader in the highly specialized temperature-controlled logistics services for diet catering manufacturers in Poland, and the acquisition of a [100%] stake in StockEasy is the company’s next digital transaction, following last year’s acquisition of the Caterings platform, which enables the diet catering industry to comprehensively manage customer relationships.”

CEE Legal Matters also reported on Goodspeed’s acquisition of Caterings, back in August, as well as the initial Enterprise Investors investment into the company, back in May 2023.

The Marszalek & Partnerzy team was led by Partner Iwona Dobkowska-Pulawska and included Senior Associate Paulina Mlodawska and Associates Wojciech Jaciubek and Adam Ziebicki.

Greenberg Traurig has advised Bogdan and Elzbieta Kaczmarek and the Innova Capital private equity fund on their full acquisition of Pfleiderer Polska and related financing, in a corporate carve-out transaction from the Strategic Value Partners-owned Pfleiderer Group. Rymarz Zdort Maruta and Kirkland & Ellis reportedly advised the seller. Allen & Overy reportedly advised the lenders.

Closing is expected in the first half of 2024.

Pfleiderer Polska is a manufacturer of engineered wood products, laminates, and resins. It has three production facilities: Pfleiderer Grajewo, Pfleiderer MDF Grajewo, and Pfleiderer Wieruszow.

According to Greenberg Traurig, Bogdan and Elzbieta Kaczmarek are private investors and owners of Central European manufacturers of furniture and mattresses with over 5,000 qualified staff, 500,000 square meters of modern machine park and warehouse area, and an annual revenue of over EUR 700 million.

The Greenberg Traurig team was led by Partner Rafal Baranowski and Local Partner Filip Kijowski and included Partner Robert Gago, Local Partners Maciej Pietrzak, Maciej Kacymirow, and Michal Bobrzynski, Counsel Mateusz Koronkiewicz, Senior Associates Tomasz Denko, Filip Drgas, and Anna Celejewska-Rajchert, Associate Mateusz Rogulski, and Junior Associate Artur Hammermeister.

Editor’s Note: After this article was published, Rymarz Zdort Maruta confirmed its involvement. The firm’s team included Partners Filip Lesniak and Zofia Frydrychowicz, Senior Associates Adrian Wieslaw and Artur Ciechomski, and Associates Piotr Slawek and Tomasz Wieczorek.

Subsequently, Allen & Overy confirmed it had advised BNP Paribas Bank Polska, Bank Pekao, Bank Citi Handlowy, and mBank on financing for the acquisition of Pfleiderer Polska and refinancing of the group’s existing indebtedness. The firm’s team included Warsaw-based Partner Tomasz Kawczynski, Consultant Bartosz Jagodzinski, and Associates Olga Mrowiec, Maria Korba, and Maciej Szalak; and Bratislava-based Counsel Attila Csongrady and Senior Associate Peter Redo.

Crido has advised Borgestad ASA on refinancing the credit for the Agora Bytom shopping center with Bank Pekao. CMS reportedly advised the bank.

The shopping center is located in the center of Bytom and boasts 130 stores and service outlets covering almost 57,000 square meters. “We are delighted to announce the successful refinancing of our group […] during such a challenging time, at the end of the year,” Borgestad ASA CEO Pal Feen Larsen commented.

The Crido team included Managing Partner Jakub Ziolek, Partner Mateusz Baran, Senior Associate Justyna Solnica, Associate Mateusz Banach, and Junior Associate Karol Kuziak as well as the firm’s tax advisors.

The sale of popular drinks containing taurine and caffeine, commonly referred to as “energy drinks”, has been limited from 1 January 2024 in accordance with provisions introduced in the Act of 17 August 2023 amending the Public Health Act and certain other acts (Journal of Laws of 2023, item 1718).

The prohibition of their sale to minors has been incorporated into Polish law and they cannot be sold in schools and other educational institutions such as kindergartens or school libraries or through vending machines.

The Act defines “beverage with added caffeine or taurine” as “a drink which is a food, included in the Polish Classification of Products and Services, which contains caffeine in a proportion exceeding 150 mg/l or taurine, excluding substances naturally occurring in them”.

Under the Act, producers or importers of drinks with added caffeine or taurine are obliged to mark the unit packaging of the product with visible, legible and indelibly and permanently placed information indicating “Energy drink” or “Energising drink”.

Failure to comply with the Act, i.e. selling drinks with added taurine or caffeine in an unauthorised place, may incur a fine of up to PLN 2,000. The fine for producing or importing inappropriately labelled drinks is up to PLN 200,000.

By Paulina Wozniak-Klimek, Attorney at Law, Schoenherr