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11.04.2017
Our law firm has represented Obrascón Huarte Lain (OHL) in a precedential case in which OHL demanded that funds owed to OHL be excluded from the bankruptcy estate of Hydrobudowy Polska (HBP).
OHL and HBP were parties to an escrow account agreement concluded with a bank. The account was used to settle a construction contract performed by a consortium of, inter alia, OHL and HBP. The contracting authority paid the fee to the escrow account, from which subcontractors and suppliers were also paid.
When HBP became bankrupt, OHL demanded that part of the funds on the escrow account be released. The HBP receiver refused to do so, so on OHL's behalf we filed a claim for the funds to be released in proceedings for exclusion from the bankruptcy estate. We obtained a favourable decision from the Supreme Court (II CSK 536/14), which found that funds owed to another person could be excluded from the bankrupt entity's bank account. The case ended successfully for OHL in March 2017 with the amount claimed being awarded.
Thus OHL recovered its funds from the HBP bankruptcy estate in full. However, it did not have to report its debt in the manner provided for creditors of bankrupt entities.
The case was conducted by DZP bankruptcy and restructuring experts, Marek Świątkowski, Igor Barcew and Michał Cecerko from the Corporate and M&A Practice, and Paweł Lewandowski and Krzysztof Stecyk in the Dispute Resolution Practice.
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: iod@dzp.pl.
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