SPCG Law Firm represents Amon sp. o.o. (a subsidiary of Polenergia S.A.) in proceedings for determination of ineffectiveness of termination by Polska Energia – Pierwsza Kompania Handlowa sp. z o.o. (“PKH”, a subsidiary of Tauron Polska Energia S.A.) of the long-term agreements concluded on December 23, 2009 with Amon Sp. z o.o. for the sale of energy generated in renewable energy sources (wind farm in the city of Łukaszów) and sale of property rights arising from certificates of origin confirming the generation of energy in renewable energy sources (“Agreements”).
In a partial and preliminary ruling issued on July 25, 2019, the District Court in Gdańsk allowed the claim of Amon Sp. z o.o. The court established that PKH’s statements on the termination of long-term Agreements concluded between PKH and Amon are ineffective and have no legal effect in the form of termination of both Agreements. As a result, both Agreements, after the period of notice, i.e. after April 30, 2015, remain in force as to all provisions and bind their parties. At the same time, the District Court in Gdańsk found compensation claims claimed by Amon Sp. z o.o. towards PKH due to PKH’s non-performance of the Property Rights Agreement. The verdict is not final.
It is worth noting that this is the first substantive ruling issued in proceedings regarding the termination by PKH in 2015 of long-term agreements for the sale of property rights and energy generated in renewable energy sources.
The legal team of the SPCG dealing with the case is led by Krystian Radłowski, Partner, who represents Amon sp. z o.o. The core team includes also Bartłomiej Jarco, Senior Associate and Zofia Matyja, Associate supported by Ewelina Rumak, Associate, Tomasz Praschil, Associate, and Bartosz Amroziewicz, Junior Associate.