After more than 7 years of proceedings, in November 2022, the Appellate Court in Gdańsk announced its judgment in the case brought by AMON Sp. z o.o. (Polenergia Group, “Amon”), represented by the SPCG law firm’s legal team, against Polska Energia – Pierwsza Kompania Handlowa Sp. z o.o. (Tauron Group, “PKH”), by which it dismissed in its entirety the appeal brought by PKH against the partial and preliminary judgement of the Regional Court in Gdańsk dated 25 July 2019. We wrote about this judgment here.
For the record, by the partial and preliminary judgement given on 25 July 2019, the Regional Court in Gdańsk allowed Amon’s action by finding that PKH’s notices of termination of the long-term Agreements concluded between PKH and Amon are ineffective and do not have the legal effect of terminating both Agreements, with the result that the Agreements, after the notice period, i.e. after 30 April 2015, remain in force as to all their provisions and bind the parties thereto. At the same time, the Regional Court in Gdańsk decided that the claims for damages asserted by Amon against PKH due to non-performance of the Agreement for the Purchase of Property Rights by PKH were justified in principle.
Dismissing the appeal, the Appellate Court in Gdańsk agreed with the position presented by SPCG on behalf of Amon in its replies to the appeal, both as regards the plaintiff company’s legitimacy and as regards the merits of the dispute on the effectiveness of the notices of termination of the Agreements. This means that both the issue of the ineffectiveness of PKH’s Agreements’ termination notices and the principle of PKH’s liability for Amon’s damage related to non-performance of the long-term Agreements have been determined in a final and binding manner. PKH is still left with the possibility of filing a cassation complaint.
In the course of these many years of proceedings, the SPCG legal team handling the case was led by Krystian Radłowski, Partner, representing Amon together with Bartłomiej Jarco, Counsel, before the Courts of 1st and 2nd instances. The SPCG team also included Ewelina Rumak, Senior Associate, Tomasz Praschil, Senior Associate, and Bartosz Amroziewicz, Associate. During the appeal proceedings, the team was supported by Agnieszka Soja, Partner.