The Law Office has prepared a number of complex legal opinions for its Clients focusing on:
- the scope of application of provisions of Article 77 of the Act of 15 November - the Transport Law (Journal of Laws of 2000, No. 50, item 601 – uniform text) - with regard to the Client’s claims resulting from the VAT;
- the possibility of applying the Public Private Partnerships Act of 28 July 2005 for the Client’s purposes;
- possible consequences of the decision of the President of the Office of Competition and Consumer Protection regarding the Client as an entity enjoying a significant position of the market of providing services of completing connections in landline public telephony, and - consequently - obliging the Customer to contribute to regulation of the market;
- an analysis of rights and duties of owners of telecommunication cables (fibre-optic cables, copper TKD cables and TKM cables, as well as overhead telephone lines) as regards owners of the land where telecommunication cables are laid, as well as obligations of owners of the telecommunication cables, as users of the cables regarded as construction works;
- aspects of functioning of the parties in the scope of a contract for lease of telecommunication networks and the possibilities of terminating such an contract, assessment of the possible results of premature termination of such a legal relationship, as well as chances for enforcing the payment of the remuneration due to the Client in the course of court and arbitration proceedings;
- the possibility of servicing end users of the Client in view of a change to the scope of the telecommunication services with the use of forms posted on the website;
- an analysis of possibilities and methods of short-circuiting a civil law relationship between the manager of the railroad infrastructure and a railroad telecommunication operator or another existing or newly formed commercial law company – resulting from a nation-wide implementation of the GSM-R system and the necessity to establish the “ right of way” for the purposes of execution the said investment;
- the possibility of singling out a “non-public network” from the Client’s infrastructure;
- preparation of rules of providing telecommunication services, both public and non-public;
- selected aspect of the Client’s use of a radio beam not requiring a licence to provide telecommunication services for prospective customers, and especially to provide wireless access to the Internet;
- possible limitations of the legal form in which a telecommunication enterprise may function;
- the possibility for the Client to use the means collected on deposits accounts and the guarantees accounts (securing proper execution of the contract) for day-to-day business activities of the Company, provided they are going to be paid back with interests, as well as chances for introducing changes to the Rules of placing orders;
- qualifying a share-holding company as the Client’s competitor in the meaning of provisions of the Rules of sale of transporting services binding upon the Client.
Projects were also prepared and opinions were drafted about Polish and English contracts, also involving elements of telecommunication law and public procurements law, among others, regarding cooperation between operators, joining the networks together, collocation, leasing of telecommunication infrastructure, implementation of the newest telecommunication solutions, agreements with telecommunication networks subscribers about award of public procurement orders. Moreover, many standard civil law agreements were prepared, including cooperation and confidentiality agreements, maintenance contracts, framework agreements for delivery of equipment, contracts involving copyright - among them licence agreements and contracts for transfer of copyright.