We represent clients in administrative proceedings and administrative court proceedings, seeking to protect the interests of clients in their dealings with the public administration, at both the central governmental level and the territorial governmental level.
The cases we handle include such matters as:
- Construction proceedings and administrative disputes concerning obtaining planning permission and building permits, including legalisation of structures developed without compliance with applicable permit requirements. We have experience in proceedings for siting of public projects (e.g. under the special act for road projects). We also assess the legality of local zoning plans and grounds for challenging them.
- Environmental proceedings and disputes with the Minister of the Environment, the General Director for Environmental Protection, regional directors for environmental protection and environmental inspection authorities concerning determination of the environmental conditions for implementing specific projects, and proceedings connected with assessment of increased fees for use of the environment, administrative fines and other administrative sanctions
- Rail transport proceedings and disputes concerning such matters as access to rail infrastructure
- Proceedings and disputes before the Office of Competition and Consumer Protection concerning matters such as prohibition of the use of certain clauses in insurance contracts
- Concession proceedings and disputes, e.g. concerning extraction of minerals and review of the legality of decisions imposing obligations on mining installations
- Reprivatisation proceedings and disputes seeking to set aside administrative decisions on expropriation and nationalisation of real estate, to determine that property was not covered by agricultural reform, and to obtain compensation for lost property
- Proceedings and disputes involving actions by the National Labour Inspectorate, e.g. involving administrative decisions issued by labour inspectors or involving the legality of work and stay in Poland by citizens of third countries
- Proceedings and disputes involving pharmaceuticals, e.g. market authorisation for medicines, including herbal remedies, conditions for wholesale and retail trade in pharmaceuticals, promotion and marketing, including for medicines subject to reimbursement under public health insurance
- Proceedings and disputes involving plant protection products with respect to parallel imports
- Energy proceedings and disputes involving fines imposed by the President of the Energy Regulatory Office, denials of connections to the grid, concession and tariff proceedings and other administrative proceedings before the energy regulator
- All types of administrative proceedings and administrative court proceedings where the determination of individual rights of natural and legal persons lies within the competence of administrative authorities.
Depending on the stage at which the matter reaches the firm, we provide representation for clients in disputes with enforcement authorities (including tax authorities) conducting administrative enforcement proceedings or seeking interim relief.
We represent not only businesses and individuals as parties to administrative proceedings, but also advise public administrative authorities and state organisational units:
- We have advised public entities in cases concerning the obligation to provide access to public information and the scope of access, as well as appearing for entities seeking to obtain public information in disputes concerning access to public information.
- On procedural issues, we have prepared legal opinions for public entities concerning e.g. the scope of application and interpretation of the Administrative Procedure Code.
- We have experience conducting proceedings concerning violation of disciplinary rules in the area of public finance.
Contact:
dr Maciej Kiełbowski, maciej.kielbowski@wardynski.com.pl
Tel.: + 48 61 651 87 00
Jan Ciećwierz, jan.ciecwierz@wardynski.com.pl
Tel.: +48 22 437 82 00, 537 82 00