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Bartosz Kosek

Advocate, Partner, Head of Commercial Law Practice

Bartosz Kosek
phone:
+22 326 9600
mobile:
+48 881 048 481
office:
Cracow

Bartosz specialises in commercial, civil and gambling law. He provides ongoing legal advice to medium and large enterprises (including companies with State Treasury shareholding), often in the role of an external General Counsel (GC). His responsibilities include representing clients in trade negotiations worth millions of zlotys, coordinating the work of teams providing day-to-day legal services to businesses in various fields of law, and coordinating the work of due diligence teams.

Bartosz has participated in several dozen proceedings before administrative authorities and administrative courts related to the Gambling Act (including concession procedures). He also represented clients before the European Commission in the process of making reservations during the notification procedure regarding the amendment to the Gambling Act.

Bartosz also has extensive experience in litigations with amounts in dispute worth millions of zlotys.

Bartosz is a member of the Supervisory Boards of several large companies and is also the Deputy Disciplinary Spokesperson of the Krakow Bar Association.

 Languages: Polish, English.

 Membership: Krakow Bar Association.

 Education:  Jagiellonian University in Krakow, Faculty of Law and Administration (Master of Law, 2007).

 

  • Advising, inter alia: TAURON POLSKA ENERGIA S.A., TAURON CIEPŁO Sp. z o.o., GRUPA AZOTY S.A., GRUPA AZOTY KĘDZIERZYN S.A., GRUPA AZOTY JRCH Sp. z o.o., ENERGA S.A., POLSKI KONCERN NAFTOWY ORLEN S.A., FRITO LAY POLAND Sp. z o.o., PEPSI COLA GENERAL BOTTLERS sp. z o.o., NOVOMATIC TECHNOLOGIES POLAND S.A., BUDOSTAL – 5 S.A., FORMASTER S.A., CASTORAMA POLSKA Sp. z o.o., COCA – COLA HBC POLSKA sp. z o.o.
  • Leading a team during the due diligence of an acquired company, and advising a client on concluding a PLN 320M privatisation (share purchase) agreement.
  • Leading a team during the M&A of three joint-stock companies belonging to a capital group operating in the manufacturing industry. The total value of the merger is over PLN 300M (with a total annual turnover of PLN 150M).
  • Representing a client in disputes over claims related to the performance of energy purchase agreements and related property rights. The value in dispute exceeded PLN 100M.
  • Representing a client (joint-stock company) in a court dispute with the State Treasury over the client's claims for damages in respect of the ‘so-called legislative lawlessness’ (claims related to the violation of EU legal regulations). The value in dispute was PLN 41M.
  • Advising a construction company (joint-stock company) in a multi-million court dispute with the Małopolska Province, including the client's claims related to the implementation of a construction project carried out under public procurement contracts. The value in dispute was PLN 25M.
  • Representing a foreign investment fund in highly complex enforcement proceedings relating to pecuniary claims for EUR 13M.
  • Leading a team during the due diligence of an acquired company, and representing a client in the preparation and negotiation of an agreement for the acquisition of a 100% shareholding from foreign investment funds in a company operating a polypropylene fabric and yarn plant (contract value of over PLN 25M).
  • Representing clients in negotiations in the Republic of Slovenia on the acquisition of shares and an investment agreement involving a company established under Slovenian law. The contract value was EUR 6M.
  • Representing a client in negotiations with a trade union on a multi-million social package of a privatised State Treasury company.
  • Developing and running the PLN 1.5M bond issue procedure for a client.
  • Preparing numerous legal opinions on Gambling Law (regarding, inter alia, lotteries, online gambling, the legality of gaming machines, and legal effects of the planned amendments to the regulations).
  • Representing a client before the National Revenue Administration in matters related to registration as a gaming machine producer/distributor and keeping of records of owned gaming machines.
  • Providing long-term legal advice to Europe's largest and one of the world's largest entities offering global gambling market services (with 30,000 employees worldwide and EUR 5B income in 2018).
  • Providing long-term legal advice to one of the largest producers of jug filters in Poland.
  • Representing a transmission company in multimillion PLN, multifaceted disputes with extensive media coverage, concerning claims related to the location of transmission facilities.
  • Drafting of contracts and representing clients in negotiations of two construction contracts worth ca. PLN 20M and ca. PLN 40M, respectively.