SPCG has won a precedent case for the leading European electricity producer – ENGIE Zielona Energia Sp. z o.o. – before a common court in dispute over shaping the content of the contract for the lease of land for the wind farm, by reducing the lease provided in the contract, due to the collapse of the renewable energy market and the dramatic fall in electricity prices and green certificates.
The cause of action claimed by the electricity producer were, respectively, the provisions of the Civil Code regarding the lease of land.
The precedential nature of the case stems from the fact that the previous jurisprudence of common courts and the Supreme Court, in principle, have questioned the applicability of the Civil Code provisions relating to lease, for contracts whose subject-matter is putting the land into use through the foundation and operation of wind farms. SPCG Law Firm has successfully refuted this view before the Court of first instance. This view has also been shared by the Court of Appeal in Szczecin.
ENGIE Zielona Energia Sp. z o.o. has been represented by SPCG’s partners Piotr Kamiński and Paweł Węc, supported by Łukasz Przyborowski, Senior Associate and Jakub Zieliński, Junior Associate. On the ENGIE’s side the matter was coordinated by Mr. Krystian Stanek, attorney.