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2017-12-13
SPCG has won a dispute, for a company from Tesco group before the Court of First Instance, in which one of the former franchisees of the franchise network, which included Leader Price stores and which was acquired by the company from Geant Polska, claimed the payment of PLN 30,000,000 as compensation for damage resulting from the termination of the franchise agreements.
SPCG has successfully represented a company from Tesco group in a dispute with a former franchisee, who has previously operated several Leader Price stores, within franchise network, which was acquired by the company from Geant Polska. The franchisee has sued the company and claimed, inter alia, that due the acquisition of Leader Price stores by the company, three franchise agreements, which the franchisee concluded with Geant Polska were terminated before the expiry of the term thereof. According to the claimant, this was contrary to the provisions of franchise agreements, as a result of which he suffered damage amounting to PLN 30,000,000. For this reason, the franchisee demanded that the company paid compensation as well as statutory interest due.

The Law Firm however has argued, on behalf of the company from Tesco group, among other things that the claim asserted in the lawsuit is unfounded because franchise agreements concluded by the claimant were not in any way violated. In addition, the company cannot effectively be held liable for the liabilities of Geant Polska, including any liability for violation or termination of franchise agreements because it is not a legal successor of Geant Polska under a general title and thus it shall not bear any liability for damages against the claimant.

The Court of First Instance has fully shared the arguments of the Law Firm against the claim and has indicated that the claim pursued in the lawsuit is entirely unfounded and the company cannot reasonably be held liable for damages for the alleged violation of the franchise agreements concluded with the claimant. In consequence, the claim was dismissed in full.

A company from Tesco group was represented by SPCG Partner Jakub Górski PhD, Senior Associate Paweł Węc and Junior Associate Aleksandra Tabor.