SPCG Law Firm has successfully represented Miejskie Przedsiebiorstwo Komunikacyjne S.A. before the Court of Appeal in Krakow in a dispute with the provider of Krakowiak trams concerning the payment of a contractual PLN 15 million penalty from the tram manufacturer due to a delay in vehicle delivery.
The Court was considering the manufacturer's claim that the earlier judgment in favor of MPK by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw should be set aside. The Court of Arbitration had concluded that the manufacturer’s assertions about the delay resulting solely from a force majeure event, such as an unprecedented heat wave in the summer of 2015, related power supply restrictions imposed upon industrial facilities, and changes in the design introduced by MPK in the manufacturing process, were unfounded, finding that the changes in the design were covered by a contractually agreed procedure for arrangements to be made with the client at an early stage of tram production and, like the heat and power supply restrictions cited by the manufacturer, they did not have an actual impact on the delay of several months in the production and delivery of Krakowiak trams.
The SPCG team consisted of Partner Jakub Gorski, Senior Associates Pawel Wec and Marta Rytlewska, Associate Pawel Lekawski, and Junior Associates Marcin Kurek and Aleksandra Tabor.
