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Our law firm’s lawyers have successfully advised a consortium of PORR Polska Infrastructure SA, ZUE SA and Przedsiębiorstwo Budowy Kopalń PeBeKa SA in a dispute with the City of Poznan City Transport Management and the company Poznańskie Inwestycje Miejskie sp. z o.o. The dispute was heard by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw and involved payments under a contract to construct a tramline from Lech housing estate to Franowo in Poznan.
On 20 February 2015, the Court of Arbitration issued a partial judgment in which it found that the City of Poznan City Transport Management was not entitled to bring a claim for contractual penalties for failure to perform the subject-matter of the contract by the deadline set in the contract. The Court then awarded the consortium the remuneration due to it of PLN 6.4 million plus interest.
The dispute recently ended with a settlement which on 22 December 2015 was given the form of a final judgment. In accordance with the terms of the settlement, the Court of Arbitration awarded PLN 9.7 million against the City of Poznan City Transport Management to meet all the consortium’s claims relating to performance of the contract of 21 March 2011 to construct a tramline in Poznan.
The team at DZP that advised the consortium was composed of Tomasz Darowski, Partner, Paweł Lewandowski, Partner, Paweł Paradowski, Partner, Tomasz Michalczyk, Senior Associate, and Michał Kucharski, 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: email@example.com.
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