What's new at DZP?
Lawyers from the Dispute Resolution Practice have represented a corporate client in litigation for payment of damages for breach of contracts by foreign (EU) contractors. A significant element of the dispute was the question of whether Polish courts had jurisdiction; jurisdiction was reserved in the contracts to these courts.
The Regional Court in Warsaw dismissed the claims on the grounds that Polish courts lacked jurisdiction. The rulings were made as a result of the argument that the clause stating "the court with jurisdiction to hear disputes is a common court with jurisdiction over the registered office of X" meant that this did not refer to the party to the contract, but to all the companies in its group. This was because the contract defined "X" specifically as group companies. The court also accepted that the claim for damages for improper performance of the contract could also be classified as a tort under foreign law, so the jurisdiction of the competent court is determined by the defendant's place of residence.
Following an in-depth analysis of European and Polish mechanisms for determining court jurisdiction outlined in DZP's arguments in appeal proceedings, the Court of Appeals in Warsaw ordered the Regional Court to examine both cases on their merits.
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.
New rules on cookies: Domański Zakrzewski Palinka sp.k., as the service provider of the www.dzp.pl website, stores and accesses cookies, i.e. small text information fles sent by a web server and stored on your hard drive, or other data storage medium of a user, for the purposes of: proper functioning of the www.dzp.pl website, confguring the www.dzp.pl website, security and reliability of the www.dzp.pl website, session monitoring, providing advertisements, personalization of the displayed information to the user, or analysis, statistics, research and website trafc auditing.