On 12 September 2017 the website of the ‘Rzeczpospolita’ daily newspaper published an interview with Prof. Maciej Mataczyński, Managing Partner at SMM Legal, on the possible impact on the financial sector of the recent actions undertaken by ENERGA-OBRÓT S.A..
SMM Legal is representing the Company in litigation seeking the invalidation of framework agreements on the sale of proprietary rights under certificates of origin for electricity generated from wind farms (so-called green certificates). ENERGA-OBRÓT S.A. has also sued banks in connection with the assignment of claims under such contracts (which the Company was required to do so based on the rules of civil procedure). In the interview, Prof. Maciej Mataczyński specified that the invalidation of contracts between the Company and RES producers has no direct impact on the validity of the loan agreements. However, our Firm’s Managing Partner added that the banks will be required to take this event into account and estimate the related risks.
