KKG Legal

POLAND | The Future of Renewable Hydrogen in Poland

On 21 November 2024, at its 22nd session, the Sejm passed a law amending the Energy Law and certain other laws implementing the basic principles of the hydrogen market into the Polish legal system (draft UD36, Sejm publication No. 743, 796 and 796-A).

POLAND | IAEA Recommendations on the Legal Framework for the Polish Nuclear Program

On September 16, 2024, the International Atomic Energy Agency handed over to Poland the report of the Integrated Nuclear Infrastructure Review 2 (INIR 2), which was conducted by IAEA experts in April 2024.

POLAND | A New Institution in the Draft Amendment of the Special Nuclear Investment Act.

On December 18, 2024, the long-awaited draft amendment to the Law on Preparation and Implementation of Investments in Nuclear Power Facilities and Certain Other Laws was published on the website of the Government Legislation Center.

POLAND | Change in the President of the ERO’s Interpretation of the PPA Reporting Requirement?

The article refers to the latest changes in the interpretation of the ERO President regarding the obligation of RES generators to report PPAs under Article 5(11a) of the Energy Law.

POLAND | CCUS in the updated National Energy and Climate Plan (NECP)

The article discusses a recent update of the Polish National Energy and Climate Plan (NECP) and the role of CCS and CCU in the decarbonization process.

POLAND | Polish Nuclear Energy - Where We Are at the Beginning of 2025

This article summarises the current situation in the Polish nuclear power sector at the beginning of 2025, taking into account the implications of the CJEU judgment in case C-652/22 for the implementation of nuclear investments under the public procurement law regime.

POLAND | Paris Agreement (again) without the U.S. - what it means for climate action & ESG

The U.S. decision to withdraw from the Paris Agreement again poses a global challenge. This raises a question — how will it affect efforts to combat climate change and ESG reporting standards? The article examines the potential consequences of this move and its impact on climate policies worldwide.

POLAND | Works on the windmill law amendment are coming to an end

After an extensive consultation process, the draft law amending regulations for onshore wind farms is nearing completion. The changes are of particular importance to RES investors as they aim to create more favorable legal framework for wind energy development and support Poland’s energy transition.

POLAND | Acquisition of real estate by foreigners

Acquisition of Polish real estate (its ownership, perpetual usufruct or shares/stock in companies that are its owners or perpetual usufructors) by foreigners is strictly regulated. These rules, however, do not apply to EEA and Switzerland entities.

POLAND | Agricultural real estate due diligence

Each real estate due diligence is different, since there can’t be a “one-size-fits-all” type of audit when it comes to land. As far as agricultural real estate is concerned, there are some typical issues that need addressing, such as access to water or existing zoning regulations.

POLAND | Rules for acquisition of agricultural real estate

In Poland the agricultural real estate market is heavily regulated. Firstly, the law precisely defines who is capable of acquiring such land and what prerequisites they must meet. Secondly, it vests the National Support Centre for Agriculture with broad preemption and acquisition rights.

POLAND | The suitability of Polish law for M&A transactions

Is Polish law suitable for M&A transactions? Will the standard clauses used in M&A be fully effective and enforceable under Polish law? The authors present an analysis of the standard clauses of M&A contracts (i.a. warranties and representations, indemnity) in the practice of Polish law.

POLAND | Another amendment to the Nuclear Specs Law on the horizon

On August 20, 2024, assumptions for amending the Nuclear Special Act (UD 118) were published, proposing phased permits for nuclear projects. Changes aim to streamline investments, with full evaluation pending draft release.

POLAND | What's next for hydrogen?

The subject of this article is to discuss the most important comments submitted at the stage of public consultations and opinions on the draft act amending the Energy Law Act and certain other acts (list no.: UD36).

POLAND | Possible generators actions to the DSO’s announcements on unfulfilled connection agreements

The article indicates the possible further actions of generators in the event of receiving a call from the electricity system operator due to the expiry of the maximum statuatory time limit up to which generators could extend the first supply of energy to the grid.

POLAND | Claims for damages for infringement of GPDR enforcement in Poland - new perspectives

New Polish amendments allow for representative actions on GDPR breaches, including non-material damage claims under Article 82. This framework enables consumer organizations to pursue class actions, aligning Polish law with EU standards and strengthening GDPR enforcement.

POLAND | Why has the contract to build Poland's first nuclear power plant not yet been concluded?

Despite signing a contract in 2023, Poland's nuclear power plant project is still in the design phase, not yet an EPC contract. Financing challenges and risk allocation between parties must be resolved before construction can proceed, with new legislation potentially addressing these issues.

POLAND | What about the waste? A commentary on the current state of the law

Despite an extended deadline, no municipality applied to host a new repository for radioactive waste in Poland. The lack of interest may be due to insufficient financial incentives. With increasing radioactive waste, legislative changes may be necessary to encourage participation.

POLAND | Greenwashing in the Energy Transition

Companies are increasingly engaging in environmental activities, but the risk of greenwashing—misleading on ecological matters—is growing. The new Directive (EU) 2024/825 introduces stricter regulations, requiring companies to provide specific, verifiable data to avoid legal risks.

POLAND | Legal situation of subcontractors in the construction of a Polish nuclear power plant

As work on Poland's first nuclear power plant progressed, a discussion arose regarding the legal situation of the subcontractors in the nuclear power plant construction process. The issue is that regulations of the of the Public Procurement Law, which fulfill a protective function for the subcontrac

ARBITRATION | Arbitration with consumers in Poland

There are special rules in Polish law regarding arbitration with consumers. The law introduces specific requirements for the contents of the arbitration agreement and the conduct of proceeding with the participation of a consumer.

POLAND | Utilization of Captured Carbon Dioxide – CCU

An important element of the European Union's industrial carbon management strategy - in addition to CO2 storage (CCS) - is the utilization of captured CO2 (CCU). The article discusses this issue and the regulatory challenges associated therewith.

POLAND | A strategy for the industrial management of CO2 emissions in the European Union

A major part of the effort to reach climate neutrality in the EU by 2050 will come from reducing the current emissions. Nonetheless, there is still a need for technologies that can capture CO2 and store or utilise it. The article summarizes the policy recently adopted by the European Commission.

POLAND | Evidence against the document’s wording and interpretation of declarations of will

The article outlines the views of Polish civil procedure law doctrine and judicial jurisprudence on the problem of conflict between evidentiary prohibitions on the wording of a document and rules of interpretation of declarations of will.

POLAND | Polish legislator's second approach to regulating the hydrogen market

In this article, the authors of the text share their first observations on some regulations in the field of hydrogen law presented in the new draft Act amending the Energy Law and certain other acts, which is also the second approach of the Polish legislator to regulate the hydrogen market.

POLAND | Grid Connection of a Hybrid RES Installation

The following article comprehensively explains the step-by-step procedure for the connection of a hybrid RES installation and points out interpretation problems and legal loopholes in the current provisions of the Energy Law that still need to be clarified.

POLAND | What shape a representative action will take within the meaning of the RDA in Poland?

Poland is one of the last European countries to implement the directive on representative actions into the Polish legal system with a delay of over 18 months. The implementation takes place through the Act of July 24, 2024 amending the Act on pursuing claims in group proceedings and certain other ac

POLAND | Nuclear Power Plant Operator's Liability Insurance. An Important Part of the Business

The discourse on Poland's first nuclear plant focuses on its development. In April, Westinghouse chose seven Polish companies, and work began. While construction is key, long-term safety and mandatory insurance for nuclear damage are crucial for ensuring future stability and risk management.

POLAND | Kubas Kos Gałkowski secures over PLN 11 million in unprecedented settlements

KKG has secured over PLN 11 million in settlements for 26 clients affected by the 2010 floods. In three years of negotiations with the authorities, the firm achieved a precedent-setting success, avoiding protracted litigation and securing significant compensation.

POLAND | EU Sanctions Update 2024: Dispute Resolution and Compensation

Council Regulation (EU) 2024/1745 of 24 June 2024 amends European sanctions regime. Amendment introduces measures combating the transfer of cases related to the sanctions regime to Russia. The new law comes as a reaction to changes introduced in Russian Arbitration Procedure Code.