On Feb 27th 2020, the Provincial Administrative Court announced a judgment in which it repealed the decision of the Polish Financial Supervision Authority regarding the imposition of a fine on one of fund management company in connection with the use of that company in the course of liquidation of one of investment fund the legal institution of datio in solutum. The judgment is not final.
We will inform about further details, especially about the arguments that convinced the Provincial Administrative Court to issue a ruling in this form, as well as about the potential consequences of this judgment for the investment fund market immediately after getting familiar with the reasoning for the judgment.
In the proceedings before the Provincial Administrative Court, the client of SPCG was represented by Ewa Mazurkiewicz, Partner of SPCG, supported by Artur Zapała, Partner of SPCG.
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