Our law firm won in a litigation with the city Kraków about increasing the fee for perpetual usufruct.

4 October 2016

On September 5th, our law firm made a settlement with the city Kraków, based on which our client will pay the fee for perpetual usufruct in the amount lower for about 2/3 than it was set by the city.

The objections we set out during the proceeding, regarding value of the estate, were considered to be right by the city Kraków. They acknowledged that the estate was worth about 2 million polish zloty less than they evaluated at first, so the fee they set should be reduced. The property valuation was made with validation of current legal regulations and omission of estate market, it contained numerous mistakes as well. This settlement is groundbreaking – for the first time the city admitted to incorrect valuation and overestimation of estate’s value. The fact that the settlement was approved by the competent authority, as well as the gathered information, opens the door to effective undermine of the fees set by cities.

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Arbitration clause does not always grant certainty

29 September 2016

One of the supermarket chains has just learnt that the common practice of introducing arbitration clauses to the contracts with the suppliers is not always effective. In the case handled by Law Firm Duraj Reck and Partners, the Regional Court in Warsaw issued a precedential decision on dismissing a motion on rejecting the claim due to a provision concerning an arbitration clause at the Polish Confederation of Private Employers Lewiatan. Obviously, the above decision of the Regional Court in Warsaw does not prove that the discussed clause shall be ineffective. Considering it as such needs analysis of its content in the light of the contracts concluded by the suppliers.

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The next battle with chain shops collecting illegal fees, has been won

16 September 2016

It is not uncommon that the suppliers are forced to accept the goods that they previously sold to the chains. It happens when the supermarkets are not able to resale the goods to their clients. However, such an action is not always legal. In a recent case the Lawyers of the Law Firm Duraj Reck and Partners recovered for their client the money paid due to return of slow-moving stocks as collected by one of the supermarket chains.

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Launching of the third edition of „Become an attorney” program

12 September 2016

The next edition of the program „Become an attorney” will began on September 15th. It is the third time that the Law Firm Duraj & Reck and Partners gives the young law’s followers a chance. Two students and two trainees will gain professional practice and knowledge alongside experienced advocates and legal counsels.

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One more victory over slotting fees

2 September 2016

The Lawyers of the Law Firm Duraj Reck and Partners have already had three decisions under which their client recovered the money illegally collected by one of the supermarket chain, i.e. so called slotting fees.

As the result of competent actions of the Law Firm, the money was recovered quickly. Therefore, one more time it turned out that recovering the so called slotting fees does not have to be related with many-year court disputes. Perhaps this fact, as well as the decision of the Regional Court in Warsaw, shall contribute to a bigger number of cases lodged for recovering illegally collected fees from the suppliers.

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Purchase of the company for the amount of 5.000.000 PLN

19 August 2016

Lawyers of the Law Firm Duraj & Reck and Partners conducted legal services for the acquisition of the company for the amount of 5.000,000 PLN. This is another of this year’s transaction, which was led by our lawyers at all stages – starting with the due diligence process until the signing of the final agreement of purchase of shares. In addition, lawyers assisted in a very important process of the actual company takeover by a new purchaser, which follows after the signing of the shares purchase agreement. This was possible thanks to a team of lawyers, who holds extensive experience in M&A processes. That is why so many entities planning mergers or acquisitions have already trusted our Firm.

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The Supreme Court granted cassation appeal submit by Duraj Reck i Partnerzy Law Office

5 August 2016

In the judgment of 18 May 2016 in the case under the signature V CSK 603/15, as a result of submit cassation appeal by Duraj Reck i Partnerzy Law Office, The Supreme Court overturned the judgment of Court of Appeal in Katowice and forward the case again. The case concerned deprivation enforcement title of enforcement clause. In the reasons of judgment Supreme Court said, that replace the evidence of court expert opinion by the private one, was violation of basic procedure rules. Court, which will hear the case again have to provide evidence of court expert opinion. Moreover Supreme Court share the legal view of Duraj Reck i Partnerzy Law Office, that there is no doubt in the jurisdiction and in the literature, that it is impossible to deprive enforcement title of enforcement clause in the event of enforce of whole or part of the amount from enforcement title.

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Removal of the disputed transmission infrastructure

9 May 2016

Once again, lawyers working in Duraj Reck and Partners law firm, during litigation against transmission entrepreneur, convinced the Court to take into account a claim for compensation of unjustified use property of their client, as well as the claim for removal disputed transmission infrastructure. A favorable judgment has been entered in the District Court in Tychy.

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