What's new at DZP?
DZP is providing full-range legal assistance to PKP Intercity SA with two contracts for the supply of modern trains. Twenty Flirt trains are to be supplied by the Stadler-Newag consortium. Another twenty Dart trains are being supplied by Pesa. DZP’s services also cover contractual issues between the parties, public procurement and EU aid issues, certification procedures before the President of the Rail Transport Office and WiFi on trains.
PKP IC finalised the acceptance of all the trains from the Stadler-Newag consortium in December and the trains have already been put into service. The deadline for all the Dart trains to be supplied by the Bydgoszcz-based Pesa passed on 14 December 2015 and was not kept. This gave rise to a threat of the EU subsidies received for the project being lost.
DZP took an active part in negotiations between our client, PKP IC, and Pesa over a legal solution that would allow the project to be continued without the risk of losing the aid. We also participated in consultations over a draft memorandum of understanding with the Centre for EU Transport Projects (as part of an ex ante inspection), which ended with the CEUTP approving the understanding. The parties finally signed the understanding on 14 December 2015.
DZP will continue to support PKP IC in performing subsequent contracts with Newag-Stadler and Pesa on train maintenance and settlement of EU subsidies.
The project was headed by Aleksandra Auleytner, Partner, with the support of a team comprising Tomasz Darowski, Partner, Paweł Paradowski, Partner, Wojciech Dziomdziora, Counsel, Wojciech Hartung, Counsel, Michał Bagłaj, Senior Associate, Agata Kudelska, Senior Associate, and Krzysztof Fliszkiewicz, Senior Associate.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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