Picture of Piotr Ciolkowski

Piotr Ciołkowski

Partner

CMS Cameron McKenna Nabarro Olswang Pośniak i Sawicki sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English

Piotr Ciołkowski is a partner in the Energy Projects Department based in Warsaw. He manages the Regulatory Team within the practice.

He specialises in advising on regulatory issues in the energy sector. He represents Polish and foreign companies that operate in the sector on matters related to commencing and pursuing activities on the Polish market. His experience includes legal advice in connection with obtaining licences and tariffs as well as on how to structure activities. In particular, he has been involved in unbundling processes, the creation of trade models and legislative work.

Piotr also advises on trade in oil, gas and energy. He has prepared and negotiated sales contracts for electricity, fuel and certificates. He has also participated in M&A transactions in the energy sector, including the acquisition of one of the largest distribution companies and the acquisition of wind farms. He took part in the acquisition of a network of petrol stations, as well as the acquisition of a rail terminal.

Piotr’s experience includes representing clients in administrative proceedings and in litigation, particularly with the President of the Energy Regulatory Office.

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"A true professional’ and ‘well-organised and experienced of counsel’"

Legal 500

Relevant experience

  • CVC Capital Partners, one of the world's leading private equity and investment advisory firms, on the acquisition of PKP Energetyka, one of the major sellers of electricity and power distribution company, from Polish State Railways in the tender process. Transaction value: PLN 1.41 bln.
  • Orange in relation to entering the Polish electric energy market including negotiating power purchase agreements concerning purchase of power on the wholesale market and preparing agreements to sell energy to energy off-takers.
  • PGNiG in relation to the launch of a gas exchange on the Polish Power Exchange and related regulatory advice.
  • Polish energy and heat generators in the scope of drafting new legislation in the scope of restoring support for cogeneration and in negotiations with the European Commission as an expert of the Ministry of Economy.
  • CHP Nowa Sarzyna and CHP Zielona Góra on preparation and negotiations of PPAs that replaced long-term contracts for electric energy supplies.
  • Grupa LOTOS in relation to the negotiations of oil purchase agreements with the values of PLN 17.7 billion and PLN 27 billion respectively.
  • Polish CHP plant in relation to the successfully resolved dispute with the President of the Energy Regulatory Office concerning yellow certificates, precedent in its nature.
  • Number of foreign power companies in relation to entering the Polish gas and energy markets.
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Education

  • Legal Advisor (radca prawny), District Chamber of Legal Advisors, Warsaw
  • MA, Faculty of Law and Administration, Adam Mickiewicz University, Poznań
  • German School of Law, Adam Mickiewicz University, Poznań
  • Faculty of Law and Economics, University of Bayreuth, Bayreath, Germany
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Memberships

  • Member, Association of International Petroleum Negotiators
  • Member, ELSA Lawyers’ Society
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Publications

  • Infrastructure Investments and Environmental Protection in the Energy Law, 2014, Adam Mickiewicz University Press
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Lectures list

  • National Congress PETROBIZNES Paliwa, Chemia, Gaz in Warsaw, 2017 – moderation of a panel discussion on new priorities and goals for the fuel and gas sector to 2020.
  • Seminar titled “The capacity market – opportunities, obligations, strategies” in Warsaw, 2017 – lecture on the regulatory environment for the capacity market.
  • European Economic Congress in Katowice, 2016 – panel discussion on gas market.
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Expertise

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01/04/2016
CMS ad­vises on the cre­ation of man­dat­ory fuel re­serves
20/04/2018
Pol­ish elec­tri­city ca­pa­city mar­ket open to for­eign units from EU mem­ber...
The Pol­ish elec­tri­city ca­pa­city mar­ket, in­tro­duced on the basis of an act which was ad­op­ted in early Decem­ber 2017, is open to en­tit­ies from cer­tain EU mem­ber states. Ac­cord­ingly, for­eign gen­er­a­tion and de­mand‑re­sponse ca­pa­city pro­viders are able to re­ceive.
12/02/2016
CMS re­cog­nised in the Polityka In­sight Rank­ing of Reg­u­lat­ory...
14/02/2018
European Com­mis­sion ap­proves the Pol­ish elec­tri­city ca­pa­city mar­ket
The European Com­mis­sion ap­proved the Pol­ish elec­tri­city ca­pa­city mar­ket on 7 Feb­ru­ary 2018. The Act on ca­pa­city mar­ket, which was ad­op­ted in early Decem­ber 2017, in­tro­duces a mar­ket-wide ca­pa­city mech­an­ism.
12/02/2016
CMS awar­ded in Polityka In­sight Rank­ing of Reg­u­lat­ory...
13/02/2018
New Law on Elec­tro­mobil­ity in Po­land
On the 5th of Feb­ru­ary 2018, the Pres­id­ent of the Re­pub­lic of Po­land signed the Act on Elec­tro­mobil­ity and Al­tern­at­ive Fuels (“Act”). The Act is the first set of rules in Po­land that per­tain to the is­sue of elec­tro­mobil­ity, and is in­ten­ded to pro­mote elec­tro­mobil­ity.
10/09/2015
CMS ad­vises PG­NiG SA on ob­tain­ing fin­an­cing for Nor­we­gi­an...
12/01/2018
Bank­ruptcy and takeover of a wind farm
Novem­ber 2017 saw the first suc­cess­ful pre-pack­aged bank­ruptcy of a wind farm op­er­at­or fol­low­ing the in­tro­duc­tion of this pro­ced­ure to Pol­ish bank­ruptcy law in Janu­ary 2016. Thanks to a de­cision made by the bank­ruptcy court in Warsaw, the as­sets of the 6 MW.
27/07/2015
CMS ad­vises CVC Cap­it­al Part­ners on the pur­chase of...
02/10/2017
Auc­tions for re­new­ables in 2017 can­celled
Last Fri­day two reg­u­la­tions of the Coun­cil of Min­is­ters re­gard­ing the auc­tion scheme for 2017 were pub­lished in the Journ­al of Laws. They stated that the auc­tions an­nounced by the Pres­id­ent of the En­ergy Reg­u­lat­ory Au­thor­ity in Au­gust were can­celled, and fur­ther.
01/11/2014
Law­yer Pro­mo­tions at CMS Warsaw
14/09/2017
Agree­ments on sale of green cer­ti­fic­ates an­nulled
Ac­cord­ing to a press re­lease, En­erga Group – the biggest buy­er of green cer­ti­fic­ates and green en­ergy in Po­land – claimed 150 agree­ments on the sale of prop­erty rights arising from green cer­ti­fic­ates con­cluded in 2007-2013 in­val­id due to an al­leged vi­ol­a­tion.
02/08/2017
Pro­pos­al to amend the sub­sti­tu­tion fee in the Act on the Re­new­able...
A pro­pos­al to amend the Act on Re­new­able En­ergy Sources (the “Draft”) was pub­lished on 12 Ju­ly 2017. The Draft pro­poses chan­ging the way the sub­sti­tu­tion fee is cal­cu­lated. The lower and up­per cham­bers of the Pol­ish Par­lia­ment have already ac­cep­ted the Draft.
16/02/2017
Off-shore – first zon­ing plan for Pol­ish mari­time areas
As the first Pol­ish off­shore wind pro­jects have re­cently gained new mo­mentum, it should be noted that since mid-2016 a draft of Po­land’s first ever zon­ing plan for the mari­time areas (the “Plan”) has been in de­vel­op­ment.
01/12/2016
Wind tur­bines to be taxed in in­di­vidu­al tax rul­ings un­der the new...
The act on wind tur­bine in­vest­ments (the “Act”) entered in­to force on 16 Ju­ly 2016. One of the most im­port­ant changes brought in by the Act is the defin­i­tion of a wind tur­bine. Wind tur­bines now con­sti­tute build­ings in ac­cord­ance with the pro­vi­sions of the.
21/11/2016
En­ergy audits – no­ti­fic­a­tion form pub­lished
The En­ergy Ef­fi­ciency Act of 20 May 2016 (“Act”), which came in­to force on 1 Oc­to­ber 2016, in­tro­duced man­dat­ory en­ergy audits in­to Pol­ish law as a re­quire­ment of the En­ergy Ef­fi­ciency Dir­ect­ive. Un­der the Act a busi­ness en­tity must carry out its first en­ergy.
18/11/2016
The European Com­mis­sion has con­cerns about the RES Act
Ac­cord­ing to re­cent press re­ports, the European Com­mis­sion has sent sev­er­al in­quir­ies to Po­land’s Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion con­cern­ing the new auc­tion sys­tem spe­cified by the RES Act.
20/09/2016
En­ergy audit – new ob­lig­a­tion un­der the En­ergy Ef­fi­ciency Act
The En­ergy Ef­fi­ciency Act of 20 May 2016 (“Act”) has in­tro­duced man­dat­ory en­ergy audits in­to Pol­ish law. The Act im­ple­ments re­quire­ments of Art­icle 8 of EU Dir­ect­ive 2012/27/EC on En­ergy Ef­fi­ciency (the En­ergy Ef­fi­ciency Dir­ect­ive).