What's new at DZP?
An agreement concluded on 31 December 2019 between the Republic of Serbia and the owners of real estate at Al. Ujazdowskie 23, represented by Lech Żyżylewski and Piotr Gołaszewski from the Real Estate Practice, ended a long-standing real estate dispute over the former headquarters of the Serbian Embassy in Warsaw. The parties agreed on how the Republic of Serbia would perform the final and non-revisable judgment delivered by the Court of Appeal in Warsaw of 10 July 2019, VI ACa 572/18 – the last delivered in the case – and also definitively regulated all other issues related to the real estate at Al. Ujazdowskie 23. In view of its parties, subject-matter and terms, the agreement is of a precedential nature and is the first of its kind in Poland.
It should also be remembered that the dispute with the Republic of Serbia over the real estate at Al. 23 Ujazdowskie 23 was in many respects precedential, and also complex and multi-faceted, and was brought before the courts many times, which led to judgments such as:
In addition, an important part of the dispute with the Republic of Serbia was the issue of the handing over of the real estate at Al. Ujazdowskie 23, which took place on 13 March 2010. However, before this happened, the District Court in Warsaw, in a judgment of 9 April 2008, I C 303/07, ruled that Serbia would be evicted from the former seat of its embassy. This judgment was furnished with a writ of enforcement on 4 January 2010 by the Court of Appeal in Warsaw, allowing the owners to take enforcement measures, which were initiated and whose admissibility was confirmed by the District Court in Warsaw in an order of 9 June 2010, V Cz 1688/10.
The key point in this respect turned out to be DZP's position that property that is not (actually) used for diplomatic purposes (i.e. despite not having been returned to its owner, it was vacated by the embassy, which moved to another location) is not the premises of a diplomatic mission within the meaning of the Vienna Convention on Diplomatic Relations of 18 April 1961 and thus is not subject to legal protection under the Convention. It is worth adding that the development of this position was also possible thanks to the exchange of views and rich correspondence with the Diplomatic Protocol of the Ministry of Foreign Affairs of the Republic of Poland.
More information on the dispute with the Republic of Serbia can be found in the Media and Publications section and in previous information on the matter:
Finally, it is worth adding that the dispute with the Republic of Serbia that has just ended is part of the wider experience of the Real Estate Practice in the field of legal advice, including conducting disputes and court proceedings, in matters involving real estate located in Poland - also diplomatic real estate – related to foreign countries such as the Federative Republic of Brazil (Brazil), Malaysia, the French Republic (France) and the Portuguese Republic (Portugal).
In the dispute with the Republic of Serbia, the owners of the real estate at Al. Ujazdowskie 23 have been advised – continuously since 2008 – by the following persons Lech Żyżylewski and Piotr Gołaszewski from the Real Estate Practice, specialising, inter alia, in reprivatisation matters.
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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