In a final and non- appealable ruling, the Appeal Court in Gdańsk dismissed the claim brought by Energia-Obrót S.A. against the wind energy manufacturer “EW Czyżewo” Sp. z o.o. to determine certain agreements and liquidated damages awarded in the past, among other things, as invalid.

The case forms part of a dispute in which Energa-Obrót questioned the validity of several dozen long-term agreements involving the sale of “green certificates” concluded between 2007 and 2013. For many years, Energa-Obrót had performed the said agreements, but - in view of market developments, it found them to be disadvantageous and questioned their validity, referring to the alleged necessity of applying public procurement law at the time the agreements were signed. The District Court and subsequently the Appeal Court in Gdańsk rejected the arguments presented by Energa-Obrót, and, consequently, dismissed the claim and adjudicated that liquidated damages shall be paid with interest to EW Czyżewo Sp. z o.o.

“We welcomed the adjudication with a big satisfaction. The ruling handed down by the Appeal Court, which is beneficial to our client, is also significant and relevant to the legal transactions practice. Moreover, it was ruled in a case which required in-depth knowledge of complex civil law issues as well as Polish and European public procurement law on behalf of the Court, the parties involved, and their attorneys. Joint efforts and work carried out by the Litigation, Public Procurement and Energy teams have delivered yet another standout result,” said partner Michał Jochemczak, Head of Dentons’ Arbitration practice in Warsaw.

In a verbal statement setting out the grounds for the adjudication, the Appeal Court in Gdańsk praised the “outstanding preparation” of the parties’ attorneys handling the case.

“We are delighted not only by yet another case won, but also by the fact that the Appeal Court took note of our lawyers’ contribution in shaping the legal intellectual foundation and culture in which the disputes are grounded. It is a great privilege for us to be able to work on precedent setting cases which pave the way for other court rulings which is especially important given our dynamic market reality. ” said Arkadiusz Krasnodębski, Poland Managing Partner.

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