SPCG has won a dispute before the Court of Appeal in Wroclaw, Poland, for Tesco Polska concerning the admissibility and effects of the parties’ conclusion of an agreement on the negative recognition of debt.
According to SPCG, the agreement, which was based on the parties’ signing of commercial terms for the next year of collaboration, was designed to fully settle their existing collaboration and to eliminate the state of uncertainty as to possible mutual settlements of the parties. The supplier alleged that the agreement was not effective because it did not specify the claims being released and thus, at the date of conclusion, the parties did not know whether they were entitled to any claim, and to what amount.
Both the Court of First Instance and the Court of Appeal in Wroclaw agreed with Tesco's arguments and ruled that under Polish law contracts in which creditors recognizes the non-existence of debtors’ debt are enforceable.
The claimant’s appeal against the judgment of the Court of First Instance in favor of the retail chain was also dismissed.
Tesco Polska was represented by SPCG Partner Jakub Gorski, Senior Associate Pawel Wec, and Associate Pawel Lekawski.