The SMM Legal team, managed by Prof. Maciej Mataczyński and Mr. Przemysław Maciak, Managing Partners at SMM Legal, is representing ENERGA-Obrót S.A. in 22 precedent court and arbitration cases concerning framework agreements on the sale of proprietary rights under certificates of origin for the energy generated from wind farms (green certificates).
In these proceedings, ENERGA-Obrót S.A. is pursuing the invalidation of contracts (thus declaring the legal relations established thereunder inexistent), made with producers of energy from renewable energy sources (RES). The Firm is arguing that the contracts are invalid, due to the infringement of public procurement law. According to the Energa Group’s estimates, discontinuation of the contracts would create as much as ca. PLN 110 million in zloty savings only in 2018, with the estimated total value of savings throughout the contract term reaching PLN 2.1 billion.
The series of actions undertaken to declare the invalidity of the contracts on the purchase of green certificates is one of the biggest court battles of 2017 in Poland. This is both a consequence of the high value of the dispute, and its precedent nature. A dedicated team of 25 SMM Legal lawyers, managed by outstanding experts Mr. Rafał Sikorski, PhD, LL.M and Mr. Paweł Łącki, PhD, has been working intensively on the case for 2 months.