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Piotr Ciolkowski

Partner

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

Piotr Ciołkowski is an attorney-at-law and a partner in the Energy and Projects Department at CMS Poland. He manages the Regulatory team which operates within the Department.

He specialises in advising on regulatory issues in the energy and climate change 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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Piotr Ciołkowski is described by one market commentator as a "good energy adviser and lawyer who combines legal and business advice on energy deals, including M&A and all types of regulatory work."

Chambers

"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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Memberships & Roles

  • Warsaw Bar Association of Attorneys-at-Law 
  • 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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Education

  • 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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24/11/2021
Hy­dro­gen law and reg­u­la­tion in Po­land
1. Cur­rent State of Hy­dro­gen Pro­jects in Po­land Hy­dro­gen has been re­cog­nised as hav­ing a key role in the Pol­ish en­ergy trans­form­a­tion. There is sig­ni­fic­ant op­por­tun­ity for the de­vel­op­ment of hy­dro­gen...
20/09/2021
The En­ergy Reg­u­la­tion and Mar­kets Re­view – Tenth Edi­tion
Pio­tr Ciołkowski, part­ner and head of the reg­u­la­tion prac­tice for the en­ergy sec­tor at CMS Po­land, and Ada Szon, as­so­ci­ate in the en­ergy and pro­jects prac­tice, have re­cently au­thored the Pol­ish chapter...
31/08/2021
The Re­new­able En­ergy Law Re­view – Pol­ish chapter
Pio­tr Ciołkowski, part­ner and head of the Reg­u­lat­ory prac­tice for the en­ergy sec­tor at CMS Po­land, and Ada Szon, as­so­ci­ate in the En­ergy and Pro­jects prac­tice, have re­cently au­thored the Pol­ish chapter of the 2021 edi­tion of The Re­new­able En­ergy Law Re­view. The chapter gives a com­pre­hens­ive over­view of the Pol­ish re­new­able en­ergy mar­ket, provid­ing an in-depth look at the policies, leg­al struc­tures and state of play in the re­new­able en­ergy in­dustry in Po­land. It also of­fers a wide-ran­ging guide to the leg­al frame­works and cur­rent status and chal­lenges in struc­tur­ing, fin­an­cing and in­vest­ing in re­new­able en­ergy pro­jects in Po­land.  
23/07/2021
Fit for 55: A new cli­mate pack­age
On 14 Ju­ly 2021, the European Com­mis­sion pub­lished the largest le­gis­lat­ive pack­age re­lated to the cli­mate and en­ergy: “Fit for 55”. The main as­sump­tion of the new pack­age is a re­duc­tion of 55% in...
10/05/2021
CMS ad­vises on an­oth­er RES trans­ac­tion in Po­land
In­ter­na­tion­al law firm CMS ad­vised Nor­we­gi­an en­ergy com­pany Equi­nor on the pur­chase of 100% of shares in the Pol­ish com­pany Wento, which de­vel­ops photo­vol­ta­ic and wind pro­jects, from En­ter­prise In­vestors...
15/04/2021
Law and reg­u­la­tion of con­sequen­tial dam­ages clauses in the en­ergy sec­tor...
1. Do the words “con­sequen­tial loss” have a giv­en mean­ing in law? No, Pol­ish law does not con­tain a leg­al defin­i­tion of con­sequen­tial loss. This term is also very sel­dom used in the ju­di­cial prac­tice...
17/03/2021
CMS ad­vises Green In­vest­ment Group on sale of RES en­ergy to Dan­one com­pan­ies...
In­ter­na­tion­al law firm CMS ad­vised Macquar­ie’s Green In­vest­ment Group (GIG), on a 10-year phys­ic­al cor­por­ate Power Pur­chase Agree­ment (PPA) with the Dan­one com­pan­ies in Po­land and sep­ar­ately on a route...
20/01/2021
Pol­ish Off­shore Wind Act – sup­port for in­vest­ments and new loc­a­tions avail­able
The de­vel­op­ment of off­shore wind farms is one of the key ele­ments of the trans­form­a­tion of the en­ergy mar­ket in Po­land. The draft of the Pol­ish off­shore wind le­gis­la­tion, “The Off­shore Wind Act”...
18/12/2020
Re­new­able en­ergy law and reg­u­la­tion in Po­land
1. Brief over­view of the re­new­ables sec­tor The sup­port for re­new­able en­ergy sources (RES) in Po­land has been stim­u­lated by two ma­jor sup­port mech­an­isms: cer­ti­fic­ates of ori­gin and the auc­tion sys­tem...
02/12/2020
CMS ad­vises Green In­vest­ment Group on the next trans­ac­tion in the Pol­ish...
CMS ad­vised Macquar­ie’s Green In­vest­ment Group (GIG), on the ac­quis­i­tion of a 25.3 MW op­er­at­ing on­shore wind farm in Jozwin, loc­ated in west­ern Po­land. The pre­vi­ous own­ers of the pro­ject were Vor­tex...
26/10/2020
The 2020 Pol­ish Nuc­le­ar Power Pro­gramme – main ob­ject­ives
On 9 Oc­to­ber 2020, the Coun­cil of Min­is­ters ad­op­ted the gov­ern­ment’s long-term Pol­ish Nuc­le­ar Power Pro­gramme. Its main ob­ject­ive is to build and com­mis­sion nuc­le­ar power plants in Po­land with a total...
06/10/2020
The Auto­mot­ive In­dustry Re­port 2020/21
The Auto­mot­ive In­dustry Re­port 2020/2021 pub­lished by the Pol­ish Auto­mot­ive In­dustry As­so­ci­ation and co-au­thored by CMS takes a look at some of the key areas af­fect­ing the auto­mot­ive sec­tor. Our cross-prac­tice...