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05.02.2013
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On 4 February 2013 DZP obtained another Court of Appeal judgment favourable for the capital city of Warsaw in a dispute over the City's use of buildings in the historic Pałac Błękitny [Blue Palace] complex at ul. Senatorska. On 23 January 2013, the Supreme Court had refused to hear an appeal filed in another thread of the dispute by Theta Investments Sp. z o.o.
The judgment passed by the Court of Appeal in Warsaw on 4 February 2013 (I ACa 54/13) overturned a judgment that was unfavourable for the capital city of Warsaw issued by the Regional Court, discontinued the proceedings in this Court in view of their invalidity and referred the case back to the first instance court for re-examination. The Court of Appeal judgment is interesting as it extensively discusses the issue of direct representation of a capital company in civil proceedings by one of the members of the company's multiperson management board.
In the Supreme Court's order of 23 January 2013 (I CSK 378/12), however, the Court upheld DZP's standpoint concerning the admissibility of effectively bring a claim for the limitations period having run for the first time only at the stage of appeal proceedings and also concerning the limitations period for an entrepreneur's claim for remuneration for non-contractual use of the real estate.
The case was handled at DZP by Lech Żyżylewski and Piotr Gołaszewski from our Real Estate Practice, specialising in, inter alia, reprivatisation issues.
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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