SMM Legal is representing Energa-Obrot S.A. in 22 court and arbitration cases concerning framework agreements for the sale of proprietary rights under certificates of origin for the energy generated from wind farms.
According to SMM Legal, "in these proceedings, Energa-Obrot is pursuing the invalidation of contracts (thus declaring the legal relations established thereunder inexistent), made with producers of energy from renewable energy sources. 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 approximately PLN 110 million in savings in 2018 alone, with the estimated total value of savings throughout the contract term reaching PLN 2.1 billion."
The series of actions undertaken have the contracts for the purchase of green certificates declared invalid is, according to SMM Legal, "one of the biggest court battles of 2017 in Poland ... both [as] a consequence of the high value of the dispute and its precedential nature."
The firm's 25-lawyer team working on the cases is managed by Senior Partner Rafal Sikorski and Partner Pawel Lacki.
