SPCG has successfully represented a company from the Tesco group against a claim made by one of its former franchisees, who demanded payment of PLN 30 million as compensation for damage allegedly resulting from the termination of the franchise agreement.
According to SPCG, "the claim asserted in the lawsuit was unfounded because the agreements concluded by the claimant were not violated in any way. In addition, the company cannot effectively be held liable for the liabilities of Geant Polska – the targeted company belonging to the Tesco Group – including any liability for violation or termination of franchise agreements because it is not a legal successor of GP, and thus, it shall not bear any liability for damages against the claimant."
In addition, SPCG reports, the court of first instance accepted the law firm's arguments made on behalf of Tesco "and has indicated that the claim pursued in the lawsuit is entirely unfounded." As a result, the firm reports, "the claim was dismissed in full."
SPCG Partner Jakub Gorski led the firm's team, supported by Senior Associate Pawel Wec, and Junior Associate Aleksandra Tabor.
Editor's Note: On August 8, 2018, SPCG reported that the decision of the court of first instance had been upheld in full by the Court of Appeal in Szczecin, "which dismissed the plaintiff's appeal against the judgment of the court of first instance."
