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On 28 February, as the outcome of court mediation, Lotos Kolej Sp. z o.o. reached a settlement with Newag S.A. covering the supply and servicing of two Griffin locomotives and three Dragon 2 locomotives.
The Dragon 2 is the first vehicle of its type in Poland with a drive using silicon carbide, thanks to which smaller dimensions and mass of the locomotives, noise reduction and significant limitation of energy losses were achieved.
The locomotives will be supplied in performance of the settlement, which satisfies both parties’ claims in a court case concerning a contract worth over PLN 56 million of December 2015 for the lease of five Griffin locomotives. Newag built them in 2017, but at the time Lotos Kolej refused to take receipt of them on the grounds that the locomotives were not allowed to use the main PKP PLK railway routes, as they were not equipped with the required ETCS system used to management rail traffic.
DZP’s support for Lotos Kolej covered advice and representation of the company in court and mediation proceedings which ended in the settlement being signed. The company’s attorneys were Paweł Paradowski, Partner, and Krzysztof Stecyk, Senior Associate, from the Dispute Resolution Practice, with the support of Tomasz Zielenkiewicz, Senior Associate in the Infrastructure & Energy 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: firstname.lastname@example.org.
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