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.