Monika Leszko

Counsel

Attorney-at-law (radca prawny)

Monika Leszko is an experienced and business-oriented legal counsel in the energy sector.

— Legal 500 EMEA 2024, Dispute Resolution

Emailmonika.leszko@dlapiper.com

Call+48 22 540 74 11

Warsaw

About

Areas of FocusCommercial Contracts Renewables Real Estate Power Litigation, Arbitration and Investigations International Arbitration Energy and Natural Resources Business and Commercial Litigation Projects and Project Finance

Professional QualificationsAttorney-at-law (Radca prawny) registered with the Warsaw Bar Association of Attorneys-at-Law (Okręgowa Izba Radców Prawnych w Warszawie), 2014

EXPERIENCE

Representing a portfolio company of a private equity fund dealing with RES projects in a court dispute with a leading Polish energy company. The case involved enforcing the conclusion of a final share purchase agreement for the sale of an SPV that was developing a wind farm project. The parties were in dispute concerning the conditions of the agreement and the verification of the project's viability, as well the extraordinary and fundamental changes in energy law concerning wind farms (the rebus sic stantibus clause). The advice covered a variety of legal issues, such as the alleged ambiguity of the price clause and the alleged breach of contractual balance. A part of the defence strategy was a counterclaim to terminate the preliminary purchase agreement. The case was finally settled by the parties.
Representing leading energy companies in Poland in high-profile court disputes against the Polish State Treasury for damages resulting from the implementation in 2019 of regulations on the freezing of energy prices. The claims for damages were based on the argumentation that the legislation, according to which electricity prices in 2019 had to be capped at the levels that were in force at the end of June 2018, is against EU law, and, therefore, the State Treasury was responsible for the damage incurred by the energy companies in 2019.
Representing a number of companies from a leading Polish energy group in several disputes with other Polish energy companies on the invalidation and termination of long-term purchase contracts for so-called green certificates (CPAs). The disputes concerned claims related to the termination of the CPAs, issues related to the enforcement of the adaptive clause (the contractual rebus sic stantibus clause) and claims to confirm the invalidation of the CPAs in connection with the alleged infringement of the tender procedure described in the Public Procurement Law. As the purchaser allegedly terminated the agreements due to the purported impossibility of restoring contract balance and the equivalence of performance by the parties caused by recent changes in Polish energy law, the subjects of the disputes were, among others, claims for the payment of the contractual penalty and damages due to the other party's refusal to purchase the green certificates.
Representing an individual investor in a dispute with a company from a major international manufacturing group before the Court of Arbitration at the Polish Chamber of Commerce in Poland, which resulted in a significant judgment awarding the client additional consideration in post-M&A proceedings. As the seller of shares, the client made a claim for outstanding consideration based on the post-transaction settlements pursuant to the shareholders' agreement. The defendant made a counterclaim, which was dismissed in its entirety by the Court. In the course of the arbitration proceedings, we argued that the post-transactional calculation, prepared by one of the Big Four at the defendant's request, was not compliant with the provisions of the agreement between the parties, which was a crucial basis for the client's claim – and the Court agreed with our position. In addition, as a result of our argumentation, the Court awarded a higher amount of consideration than that calculated by the court-appointed expert.
Representing the seller of 100% of the shares in a major Polish food distributor in a number of court disputes with the buyer, a major Polish food manufacturer and distributor, relating to the withdrawal from the share purchase agreement. The advice included the preparation and implementation of a comprehensive process strategy covering a number of legal issues: the validity and effectiveness of a price reduction in connection with the seller's warranties, the validity and effectiveness of the withdrawal, the ability to secure the claim, and the existence of a legal interest in an action to establish the claim.
Advising a Polish television broadcaster in several multi-jurisdictional disputes before federal and appeal courts in New York and Washington D.C. concerning an exclusive licence to broadcast Polish language programmes and channels in the US and alleged copyright infringements.
Advising an infrastructure company on civil, construction and public procurement law matters related to the performance of an investment carried out on the basis of FIDIC contract conditions.

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