SPCG Studnicki, Pleszka, Cwiakalski, Gorski has successfully represented Engie Zielona Energia Sp. z o.o. in a dispute involving its lease of land for a wind farm and attempt to reduce the lease due to the collapse of the renewable energy market and the dramatic fall in electricity prices and green certificates.
According to SPCG, the causes of action claimed by the electricity producer were the provisions of the Civil Code regarding the lease of land. According to the firm, "the precedential nature of the case stems from the fact that the previous jurisprudence of common courts and the Supreme Court, in principle, have questioned the applicability of the Civil Code provisions relating to lease for contracts whose subject-matter is putting the land into use through the foundation and operation of wind farms."
The SPCG team consisted of Partners Piotr Kaminski and Pawel Wec, supported by Senior Associate Lukasz Przyborowski and Junior Associate Jakub Zielinski.
Editor's Note: On January 24, 2022, SPCG announced that the case was finally closed, in favor of Engie Zielona. The firm represented Engie before the Court of Appeal in Szczecin and the Supreme Court. SPCG's team consisted of the same four lawyers, with Lukasz Przyborowski and Jakub Zielinski being promoted to Counsel and Associate, respectively, in the meantime.
