Interview of the month - Newsletter #22: Michał Kurzyński

As part of our new section "Inside the Network", in this edition we had the pleasure of speaking with Michał Kurzyński, Founding Partner of KKLW Kurzyński i Wspólnicy sp.k.

KKLW is a leading Polish law firm advising domestic and international clients on M&A transactions, litigation, and sector-specific regulatory matters. The firm specialises in aviation law, corporate law, intellectual property, data protection, IT, and arbitration. KKLW is the Polish partner of One Sky Solutions since 2019.

---

OSS: We are pleased to welcome one of One Sky Solutions’ long-standing partner law firms. It is a pleasure to feature your perspective in this edition of our Newsletter and to share your experience with our community.

OSS: Your practice has recently welcomed a new major aviation client, which likely brought both opportunities and challenges. Without going into specifics, how do you approach scaling legal operations while maintaining quality and strategic focus in such situations?

Michał Kurzyński: Entering into cooperation with one of the largest airlines represents a natural step in the development of our aviation practice. Passenger claims, particularly those relating to delayed or cancelled flights, often take on a mass-litigation character. This requires a careful balance between deep legal expertise and a highly structured operational framework. At KKLW we have consistently focused on building scalable models of legal service delivery. This includes the standardisation of litigation processes as well as the development of internal systems that allow us to manage large portfolios of cases efficiently. At the same time, strategic oversight remains firmly in the hands of experienced lawyers responsible for ensuring consistency of legal argumentation and the long-term litigation strategy. Combining unique technological support of OSS with strong legal supervision allows us to maintain the highest standards of legal service while handling a significant volume of proceedings.

OSS: Technology is playing an increasingly central role in the management of mass aviation claims and litigation. From your perspective as external counsel, how has the use of digital tools changed the way legal teams collaborate and handle complex, high-volume cases?

Michał Kurzyński: In recent years, technology has become a critical enabler in the management of large-scale disputes, particularly those related to passenger compensation. The scale of such proceedings requires efficient handling of data, documentation and procedural timelines. At KKLW we have implemented an automated case-management system that supports the collection of key documents and evidences and the tracking of proceedings. Its purpose is to streamline operational processes and allow lawyers to focus on legal analysis and litigation strategy. Importantly, however, technology plays a supporting role rather than replacing legal judgement. A skilled lawyer remains crucial to effectively protect our airline clients. This approach ensures greater transparency, improved information flow from airline’s customer service departments without engaging in-house legal departments and a more predictable framework for managing litigation risk. However, the litigation strategy remains in the human hands.

OSS: You were recently invited as a speaker at a conference addressing the dual-use of airport infrastructure for civil and military purposes. What were the key legal or regulatory themes that emerged during the discussion?

Michał Kurzyński: At the Aviation Future Forum I had the opportunity to participate in a panel dedicated to the concept of dual-use infrastructure, referring to the civil and military use of airport facilities. In light of the evolving European security architecture, this topic is gaining increasing relevance from both a regulatory and operational perspective. One of the key themes was the need for greater flexibility in the management of aviation infrastructure and for regulatory frameworks to adapt to changing geopolitical realities. The discussion also touched upon the responsibilities of infrastructure operators, the coordination between civilian and military stakeholders, and the role of governments in safeguarding both security and the continuity of air transport. From a legal standpoint, this is an area where closer cooperation between regulators, infrastructure operators and legal experts will likely become increasingly important. However, I believe the main conclusion was that there is high demand from the military administration for dual-use infrastructure, but there is no existing legal framework for co-financing such infrastructure by the military and its civilian counterparts. In my view, this is the main challenge that needs to be solved urgently.

OSS: Passenger protection continues to be a core topic in aviation law. Are there any recent court decisions or emerging jurisprudential trends in this area in your jurisdiction that you believe could be particularly interesting to share with industry stakeholders?

Michał Kurzyński: Currently, Poland is witnessing a clear judicial shift away from the routine, almost automatic award of compensation under Regulation (EC) No 261/2004 based solely on the fact of a lengthy delay. Increasing importance is being placed to a more careful assessment of the exonerating circumstances under Article 5(3), in particular whether the event in question was genuinely extraordinary, fell outside the air carrier’s control, and directly caused the disruption. It must also be determined whether the carrier took all reasonable measures to avoid or mitigate the delay. This development has been reinforced by recent EU case law, including the CJEU’s judgment of 21 January 2026 in Case T-134/25. That judgment materially strengthens the position of air carriers, particularly in cases where delays or cancellations result from air traffic control (ATC) decisions, provided that the carrier did not itself contribute to those decisions. 

OSS: Are there any procedural practices within the Polish judicial system that, in your view, could serve as a useful model if adopted by other European jurisdictions handling aviation-related disputes?

Michał Kurzyński: In the Polish judicial system, greater emphasis is now placed on assessing the overall circumstances of each individual case, alongside a move away from the formulaic application of Regulation (EC) No 261/2004. Moreover, remote hearings are becoming increasingly common in Poland, and the experience of the pandemic clearly demonstrated that this is an entirely viable solution, helping to save both time and travel costs. This is of particular importance in aviation cases, which are often heard before courts located in different parts of the country. In addition, in the context of mass litigation, the development of digital tools within the judiciary is particularly significant. The gradual expansion of electronic communication with courts and the digitalisation of case documentation represent important steps towards improving the efficiency of judicial proceedings. 

OSS: Looking ahead, what will be the main challenges for aviation law firms in the coming years?

Michał Kurzyński: Aviation law increasingly lies at the intersection of several regulatory domains - from transport and consumer protection law to security, GDPR, cybersecurity and the broader technological transformation of the aviation sector. In the coming years, law firms operating in this fields of law will need to combine deep sectoral expertise with the ability to manage complex and large-scale litigation portfolios. International cooperation and expertise sharing will also play a growing role. In this context, our participation in One Sky Solutions is particularly important. This collaboration enables us to support clients operating in an increasingly international regulatory and operational environment. 

Thank you for the interview!