SPCG has successfully represented Talia before the Court of Appeal in Gdansk in a long-term agreement termination dispute with Polska Energia – Pierwsza Kompania Handlowa.
On December 20, 2021, the Court of Appeal in Gdansk, in a final judgment, dismissed in full the appeals filed by PKH in the proceedings brought by Talia.
According to SPCG, “Talia sought to establish that PKH’s notices of termination of long-term agreements for the purchase of property rights and power generated in RES given to the company were ineffective and claimed damages for non-performance of the agreements. At first instance in the partial and preliminary judgment of March 6, 2020, the Regional Court in Gdansk determined that PKH’s notices of termination of the long-term agreements for the purchase of property rights and power generated at the Renewable Energy Source, the Wind Farm in Modlikowice, were ineffective and did not have the legal effect of termination thereof. The Court also decided that the compensation claims asserted by Talia against PKH for non-performance of the agreement for the purchase of property rights by PKH were justified in principle. In turn, by the supplementary judgment of September 8, 2020, the Court decided that Talia’s claims for damages due to non-performance of the agreement for the purchase of power by PKH were justified in principle."
SPCG’s team included Partner Krystian Radlowski, Counsel Bartlomiej Jarco, Senior Associate Zofia Matyja, and Junior Associate Bartosz Amroziewicz.
