- 01Provisions of Services
We were visited by a photographer, whose contractor called for a refund of the deposit paid under the contract for the performance of a photographic and printing work. At the meeting with the Client we discovered that the contracting authority had agreed on more favorable contract terms with another photographer and that he intended to refer to being mislead by our Client. Prepared for the lawsuit from the contractor, we have collected evidence which was used later in the proceeding to defend our Client's stand. In the course of the hearing, we entered into polemic with the plaintiff's legal assertions and introduced significant doubts as to the credibility of the witnesses he had called. As a result of our actions, the court dismissed the claim and our Client kept the deposit in full amount.
- 02Renewable Energy Sources
The Client, operating on the renewable energy market, came to our Law Firm with a negative assessment of the project, under which he could obtain EU funding necessary to expand his headquarters. The institution implementing the project had decided that the client had participated in another project, which prevented him from being awarded additional points for not using European funds previously. Lower score disqualified the Client's project from entering the limit of funds allocated to the program implementation. Despite the fact that the Client received a resolution of the institution implementing the project on the last day of the appeal deadline, we have analyzed the steps taken so far in the proceeding and challenged the analysis of EU regulations carried out by the institution implementing the project. We filed a complaint with an administrative court, alleging a violation of the provisions of law when assessing the project. After conducting the trial, at which we represented the Client, we have convinced the court to favor our stand, as a result of which the negative assessment was annulled, and in the re-conducted procedure the Client received the funding, thanks to which he was able to expand the size of his business without additional involvement of capital intended for other purposes.
- 03Transport Industry
Our client - a company undertaking business activity in the field of organization of transport and forwarding - was sued by a subcontractor, who commissioned the transport of several dozen containers to the Port of Gdynia from central Poland, for compensation for failure to pay remuneration for transport. After conducting a thorough analysis of the case for facts and applicable regulations, we prepared an objection to the payment order issued, questioning the liability of our Client. We based the defense on the delayed performance of the order for the company and the possibility of incorrect recognition of liability for the failure of our Client's obligation to the sender of containers by the subcontractor. At the same time, we have entered into settlement negotiations with the plaintiff's attorney. After presenting our arguments to the other party we concluded a court settlement, in which the plaintiff waived claims for remuneration against the company we represented, thus saving the Client an expensive proceeding and the possibility of losing the reputation of diligent contractor on the market of transport services.
- 04Sports Industry
A football sports club which is a Client of our Law Firm asked for help in having its rights to a word-and-graphics trademark protected by the Patent Office of the Republic of Poland. The analysis of the Client's needs allowed for creating a list of goods and services in the scope of which the protection right was to be granted. Next, the list was adapted to Nice Classification of 15th June 1957, in accordance with the recommendations of the Patent Office. In the period after the publication of the application on the Office's website, the Client received a letter imitating the Patent Office's decision on granting the protection right, which said that the Client should pay the fee for granting the protection right. The Law Firm intervened immediately, explaining to the Client's representative that the letter sent to him was false and in fact does not come from the Patent Office, but is merely an attempt to extort money. As a result, our Law Firm submitted, on behalf of the client, a notification of committing fraud in the stadium of attempt. The Client saved money and protection right to the trademark was granted.
- 05Construction Industry
The Voivodship Administrative Court annulled the resolution of the city council regarding the adoption of local spatial development plan in the part concerning plots belonging to our Principal. Referring to this circumstance, the Customer's neighbor initiated an administrative proceeding aimed at preventing him from continuing his ongoing operations by demolishing construction objects the use of which was incompliant with the provisions of local spatial development plan - in the form accounting for the above mentioned judgment. As a result of actions taken by our Law Firm, administrative proceedings conducted with the view of issuing a demolition order or carrying out reorganization proceedings were legally completed by discontinuation, and our Client did not suffer any negative consequences of irregularities on the part of the municipality in the scope of adopting local spatial development plan.
- 06Food Industry
In this case the debt of a limited liability company - the contractor of one of our Clients - amounted to PLN 1,000,000. Moreover, the company was in a very bad financial situation. We filed a lawsuit against the company, and a default judgment was issued, against which the opponent's representative filed the appeal. It was pointed out that due to the resignation of the sole member of the board from performing his function the proceeding should be suspended. In order to prevent further delaying the possibility of enforcing due claims, we have filed for the appointment of a probation officer for the company, which was granted by the court. We have eventually obtained a satisfactory judgment, and at the same time, as a result of an agreement with the debtor, the Client's debt was fully satisfied, along with costs incurred in the proceeding.
We have negotiated the terms of the agreement between a company subject to French law and a Polish entrepreneur with sole proprietorship, regarding long-term cooperation consisting in supplying packaging materials, subject to the exclusivity of our Client, for a renowned company producing hygiene products. The negotiations required not only reaching a compromise associated with securing the interests of both parties, but including regulations relevant from the point of view of both Polish and French law. Our legal opinion was drawn in English, in a form comprehensive to the contractor, together with an explanation of the institutions of national law unfamiliar to him, while maintaining register and language appropriate for formal correspondence. The contract was concluded with accounting for our comments and still lasts, without giving rise to any disputes.