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DZP assists its client in recovering claims against abolished municipality in precedent-setting court proceedings

09.06.2021

Autorzy:
Paweł Lewandowski
Rafał Karbowniczek
Maciej Orkusz
Joanna Sobolewska

Lawyers from the Dispute Resolution Practice represented M.W. Trade S.A. in a precedent-setting dispute with the State Treasury - the Voivod of Zachodniopomorskie Voivodship - concerning recognition of the client’s claims against the Ostrowice Municipality.

On 1 January 2019, the Ostrowice Municipality was abolished under the Act on Special Measures concerning the Ostrowice Municipality in the Zachodniopomorskie Voivodship of 5 July 2018, issued specifically for this purpose. Liability for the claims against the Municipality was assumed by the State Treasury by operation of law. The Act provided for a special procedure for pursuing claims against the abolished municipality from the State Treasury; among other things, it required creditors to report claims to the Voivod of Zachodniopomorskie Voivodship within the period provided for in the Act. The Voivod verified such reports and declared whether he recognised or refused to recognise the reported claims.

The Voivod refused to recognise M.W. Trade’s claims, the total value of which exceeded PLN 35 million. On 28 May 2021, the Regional Court in Szczecin issued a judgment ordering the voivod to recognise all of the client’s claims unrecognided by that date.

DZP’s assistance included conducting proceedings before the Regional Court in Szczecin aimed to  obtain court recognition of the client’s claims and before the Regional Court in Wrocław against the voivod to establish the non-existence of the client’s claims.

DZP lawyers also acted in criminal (pre-trial) proceedings conducted as a result of a notice of suspected offence filed by the Voivod of Zachodniopomorskie Voivodship. After the company’s arguments had been presented, the public prosecutor discontinued the proceedings on the grounds that the act attributed to its representatives by the voivod did not constitute a criminal offence.

The following lawyers from DZP’s Dispute Resolution Practice advised the client:

  • Paweł Lewandowski, Partner, Co-Head of Practice, conducted proceedings aimed at the court recognising the client’s claims
  • Maciej Orkusz, Senior Associate, in cooperation with Joanna Sobolewska, Associate, conducted the case for recognising the claims before the Regional Court in Szczecin
  • Rafał Karbowniczek, Senior Associate, took steps upon the client’s request in criminal (preparatory) proceedings conducted as a result of a notice of suspected offence filed by the Voivod of Zachodniopomorskie Voivodship.

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