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SPCG Successful for Tesco Polska in Polish Court of Appeal

SPCG Successful for Tesco Polska in Polish Court of Appeal

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SPCG is reporting that it successfully represented Tesco Polska in the Poland's Court of Appeal in a dispute involving trade bonuses (cash bonuses) and logistic discounts related to the takeover of the obligation to deliver supplies from the central warehouse of the retail chain to Tesco Polska stores.

According to SPCG, "the Court of First Instance and the Court of Appeal in Krakow fully upheld Tesco Polska's allegations, stating that the logistic discount and the bonus (cash bonus) due to the achievement of a certain sales volume constitute in fact a discount that is part of the trade margin within the meaning of art. 15 sec. 1 pt. 4 of the Act on Combating Unfair Competition, and that their collection does not violate the interests of the supplier within the meaning of Art. Article 3 of the Law on Combating Unfair Competition. As a consequence, the claim for reimbursement to the supplier of the bonuses on the market and such discounts granted to the retail network was entirely rejected. The appeal of the plaintiff was also dismissed from the commercial court judgment of the Court of First Instance."

The SPCG team representing Tesco Polska consisted of Partner Jakub Gorski and Senior Associate Pawel Wec.

Poland Knowledge Partner

Established in 1957, Wolf Theiss is one of the leading European law firms in Central, Eastern and South-Eastern Europe with a focus on international business law. With 300 lawyers in 13 offices located in Albania, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Poland, Romania, Serbia, Slovakia, Slovenia and Ukraine, Wolf Theiss represents local and international industrial, trade and service companies, as well as banks and insurance companies. Combining law and business, Wolf Theiss develops comprehensive and constructive solutions on the basis of legal, fiscal and business know-how.

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