Norton Rose Fulbright advises Faktor80 on acquisition of a 67 MW Polish BESS portfolio

Global law firm Norton Rose Fulbright has advised Faktor80 GmbH on the acquisition of 100 per cent of the shares in multiple Polish special purpose vehicles developing battery energy storage system (BESS) projects with a combined capacity of 67 MW.

Faktor80 is a German energy and battery storage solutions company focused on delivering smart contracting solutions for district heating, data centre cooling and battery energy storage systems. The company supports the transition to a net-zero economy through efficient, resilient and sustainable energy infrastructure.

Norton Rose Fulbright advised Faktor80 on all aspects of the transaction, including conducting comprehensive legal due diligence, providing regulatory advice, supporting the negotiation of the transaction and preparing the transaction documentation, as well as assisting with post-closing matters.

The transaction involved a portfolio of both ready-to-build (RtB) and pre-RtB projects, requiring a bespoke due diligence exercise and the development of tailored risk-allocation mechanisms across the various assets.

Senior associate Sara Radzicka-Tolwaj led the regulatory and legal due diligence workstreams and served as transaction lead, while counsel Artur Jończyk led the M&A workstream. The wider team included associates Martyna Orłowska, Jan Nowjalis, Nina Wołczyńska and Mikołaj Wołczyński. The entire Norton Rose Fulbright team worked under the supervision of Tomasz Rogalski, partner and head of the energy and project finance practice in Poland.

Sara Radzicka-Tolwaj commented:

"Battery energy storage continues to be one of the most active segments of the Polish energy market and remains a key area of interest for domestic and international investors. Transactions involving portfolios at different stages of development require careful analysis of project-specific risks and tailored transaction structures. We are delighted to have supported Faktor80 on this strategic acquisition and look forward to seeing the continued growth of its energy storage business."