Michał Zięba, PhD

Michał Zięba, PhD

Attorney-at-law, Managing Partner

michal.zieba@hanton.pl

Experience

Attorney-at-law after completing the legal apprenticeship at the Warsaw Bar Association [PL: Okręgowa Izba Radców Prawnych w Warszawie]. He specializes in providing legal services to the railway transport, infrastructure and construction sectors in particular. From the beginning of his professional activity, he was associated with the regulated infrastructure sectors, i.e. railway transport, linear investments, the telecommunications infrastructure sector and civil aviation.

He also has experience in the consulting industry, providing services for entrepreneurs in the transport sector. Long-term Director of the Rail Safety Department at the Office of Rail Transport [PL: Urząd Transportu Kolejowego]. As the head of the Infrastructure Market Department, he co-created the system for authorizing the operation of structural subsystems and supervised the operation of notified bodies assessing compliance with the Technical Specifications for Interoperability.

Doctoral student at the Faculty of Transport of the Warsaw University of Technology [PL: Politechnika Warszawska] in the area of ​​railway system interoperability and risk management in railway companies. Speaker at numerous industry conferences and lecturer at universities. He actively participated in the legislative work on amendments to the act on railway transport and executive regulations, including the implementation of EU law. He represented Poland at the meetings of the Governing Council of the European Railway Agency, NSA Network and OSS Group, and under the twinning program of the European Commission, advising the Ministry of Infrastructure of Ukraine. Long-term auditor of the Polish Centre for Accreditation [PL: Polskie Centrum Akredytacji] in the area of ​​rail transport.

Contact

Realised projects

Among the projects implemented as part of the HANTON Szalc Zięba & Partnerzy Law Firm and previous law firms as well as consulting companies, the following list can be mentioned:

  • Economic and regulatory consultancy as well as preparation of legal opinions for: PKP Energetyka S.A., Agencja Rozwoju Przemysłu S.A., PESA Bydgoszcz S.A., POLREGIO Sp. z o. o., EUROWAGON sp. z o. o., Polski Tabor Szynowy sp. z o. o., Pol-Miedź Trans sp. z o. o., Siemens Mobility sp. z o. o., Industrial Division sp. z o. o., OLKOL sp. z o. o., Koleje Śląskie sp. z o. o., Szybka Kolej Miejska sp. z o. o., KZN Bieżanów sp. z o. o.
  • Preparation and implementation of Safety Management Systems and Maintenance Management Systems consistent with the 4th Railway Package for the largest railway companies in Poland, including passenger carriers, independent entities responsible for maintenance and rolling stock operating under the Rolling Stock Company formula (ROSCO).
  • Representation before the President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego] regarding the ​​access to service facilities, in audit proceedings, obtaining safety certificates for users of railway sidings and other administrative proceedings.
  • Legal services during the investment process of commercial properties located in the vicinity of the railway infrastructure and  the event of overlap with the linear infrastructure for HB Reavis Poland sp. z o. o., Capital Park S.A., NDI Development sp. z o. o. Fortum Network Wrocław sp. z o. o. and other individual investors.
  • Legal services for railway infrastructure managers during the investment process and the application of FIDIC Contracts General Conditions, including for Pomorska Kolej Metropolitarna S.A., PMT Linie Kolejowe sp. z o. o., PKP Energetyka S.A. as well as legal services for infrastructure modernization contractors, interoperability constituents’ manufacturers and construction products;
  • Comprehensive legal services of the process of obtaining permits for the placing on the market new and modernized railway vehicles through the One Stop Shop platform, both before the President of the Office of Rail Transport [PL: Prezes Urzędu Transportu Kolejowego] and the European Union Agency for Railways. The service also included cooperation with the ordering party, NoBo, DeBo and AsBo.
  • Preparation of regulatory risk analyzes and design of solutions and legal documents for the presented business models in favor of the leading manufacturers of rolling stock and vehicle modernization contractors, including Bombardier Transportation GmbH, Skoda Transportation a.s., CRRC ZELC Verkehrstechnik GmbH, PESA Bydgoszcz S.A., Fabryka Pojazdów Szynowych im. H. Cegielskiego, OLKOL sp. z o. o .
  • Representing Clients before tax authorities, Voivodship Administrative Courts and the Supreme Administrative Court [PL: Naczelny Sąd Administracyjny] in the course of obtaining a refund of overpaid property tax for 2017-2020 by way of providing railway siding infrastructure and private infrastructure.
  • Obtaining pioneering decisions regarding the open international access on the territory of Poland for LEO Express Global s.r.o. granting the right to operate commercial passenger transport.
  • Obtaining key decisions in the rolling stock design deviating from the application of the Technical Specifications for Interoperability enabling the application of the notified National Technical Rules.
  • Obtaining the first in Poland permit for  admission to the operation of the Energia subsystem in the field of fuel supply systems (traction substations and station sectioning cabins) after successfully completed electrification of the railway line.