SPCG Studnicki, Pleszka, Cwiakalski, Gorski has successfully represented Amon sp. z o.o., a subsidiary of Polenergia S.A., in proceedings involving a potentially ineffective termination of a contract by Polska Energia – Pierwsza Kompania Handlowa sp. z o.o., a subsidiary of Tauron Polska Energia S.A., in the District Court in Gdansk, Poland.
According to SPCG, the dispute was based on long-term agreements entered into by Amon on December 23, 2009 for the sale of energy generated from a wind farm in the city of Lukaszow and the sale of property rights arising from certificates of origin confirming the generation of energy from renewable energy sources.
In a partial and preliminary ruling issued on July 25, 2019, the District Court in Gdansk allowed Amon's action to determine whether Pierwsza Kompania Handlowa's breach of the long-term agreements was effective. The court established that PKH statements about terminating the contracts were ineffective and had no legal significance.
As a result, SPCG reports, both Agreements "remain in force as to all provisions and bind the parties. At the same time, the District Court in Gdansk found compensation claims claimed by Amon towards PKH due to PKH’s non-performance of the Property Rights Agreement. The verdict is not final."
The SPCG team was led by Partner Krystian Radlowski and included Senior Associate Bartlomiej Jarco, Associates Zofia Matyja, Ewelina Rumak, and Tomasz Praschil, and Junior Associate Bartosz Amroziewicz.
