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SDZLEGAL Schindhelm

Office hours in Wrocław and Warsaw

Dear All,

due to the growing epidemic of coronavirus, our office hours in Wrocław and Warsaw are temporarily changed.

Secretarial staff is at your disposal in the office every day from 8.00 to 16.00, while from 16.00 to 18.00 at the offices landline numbers of our offices, available here.

It is possible to contact us by e-mail; here you will find contact details of our team members.

You can also contact us by e-mail und the general address of the Law Office:

We will inform you immediately about any changes.

Greetings

SDZLEGAL SCHINDHELM Team

ANTI-CRISIS SHIELD ADOPTED ON 31st MARCH 2020

On the weekend of 21st and 22nd March this year, the first information on detailed solutions of the planned package of laws, known as the anti-crisis shield, was published. Only a few hours later it was revealed that proposals for changes and additions were presented by the Ministry of Justice, the Ministry of Family, Labour and Social Policy, the Social Insurance Institution and the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów; UOKiK). It has also been made public that the new provisions are to take into account proposals for supporting entrepreneurs announced by the President of the Republic of Poland. In the meantime, a draft act was made available.

On 26th March this year, a partially amended draft was adopted by the Council of Ministers and sent to the Polish Parliament. The Sejm (lower Parliament’s chamber) adopted the law that included further amendments on 28th March. Already on 30th March, the Senate considered the document submitted by the Sejm and introduced a number of significant changes. The Sejm rejected most of them the next day, restoring the content of the law to its original version. The Act on amending the Act on special solutions related to the prevention, counteracting and eradication of COVID-19, other infectious diseases and crisis situations caused by them (Journal of Laws of 2020, item 568) was signed by the President as well as published and it entered into force on the same day.

HERE you can find a summary of the adopted solutions divided into specific relevant topics.

Please do not hesitate to contact us in case of any inquiries or doubts on the anti-crisis shield or any other legal questions concerning COVID-19.

Team of SDZLEGAL Schindhelm

CORONAVIRUS ALERT !!!

In our solidarity with the action #stayathome, we realize that the coronavirus can paralyze the operation of collegiate bodies of capital companies. In this respect, we encourage you to familiarise yourself with the legal information prepared by the Company Law Department of SDZLEGAL SCHINDHLEM, in which our lawyers explain how and on what principles it is possible to make decisions by individual company bodies without the physical presence of their members. This is particularly important, for example in the context of already called shareholders' meetings.

Success of SDZLEGAL SCHINDHELM before the Court of Justice of the European Union

Success of SDZLEGAL SCHINDHELM before the Court of Justice of the European Union!

Aleksandra Krawczyk, LL.M. corp. restruc., represented successfully the University of Wroclaw before CJEU in joined cases C 515/17 P and C 561/17 P. CJEU decided that the mere existence of a contract for the provision of lecturing services between the University of Wrocław and its legal adviser is not liable to have an effect on the independence of that adviser and his capacity to defend his client’s interests to the greatest possible extent.

Tomasz Szarek – member of the management board of the IAG International Advisory Group

IAG has been associating law firms and tax advisors operating throughout the world for 30 years. Nowadays there are more than sixty law firms and tax advisors affiliated. They provide services in Europe, North and South America, Africa, Asia and Australia. SDZLEGAL SCHINDHELM is a member of the IAG International Advisory Group since 2015.

More about the IAG, its members, history and values in Anniversary Brochure.

 

SDZLEGAL Schindhelm awarded with the title of "Pearl of the Year 2018" in waste management.

The distinction awarded by members of KFDZOM (National Forum of Directors of Waste Management and City Cleaning System Companies) and participants of its Conventions was handed on May 15th 2019 to legal advisor Anna Specht-Schampera - Head of the Public Procurement and Waste Management Department at SDZLEGAL Schindhelm.
KFDZOM (National Forum of Directors of Waste Management and City Cleaning System Companies) is active since 1992 and associates CEO‘s of waste management and city cleaning system companies.

We are proud to be honored directly by representatives of waste management and city cleaning system industry.

We thank you for the award!

The success of SDZLEGAL SCHINDHELM in a lawsuit for the payment of benefits for additional works in a construction contract

Our law firm has successfully represented one of the largest companies in the infrastructure construction industry in Poland in a dispute regarding the payment of benefits related to the performance of additional works, in a contract for the execution of construction works settled in the form of lump sum remuneration.

The verdicts of the first instance court and the Court of Appeal fully confirmed the legitimacy of the claims of the client of the SDZLEGAL SCHINDHELM, which allowed him to obtain the whole of the claimed service together with interest for delay and costs of proceedings, in the total amount exceeding 1.7 million PLN.

The client in the proceedings was represented by dr Wojciech Dubis - Partner at SDZLEGAL SCHINDHELM, head of the Litigation and Dispute resolution  Department - and Advocate  Aleksandra Krawczyk-Giehsmann.

Thanks to the support of lawyers of SDZ LEGAL SCHINDHELM our Client signed a contract of the value of 221 mln PLN (ca 51 mln EURO)

Thanks to the support of lawyers of SDZLEGAL SCHINDHELM - Anna Specht-Schampera and Katarzyna Skiba-Kuraszkiewicz - our Client signed a contract with PKP PLK for the preparation of project documentation for the new railway line Podłęże - Piekiełko in south part of Poland. The investment is - according to PKP PLK information - the largest in the history of the Polish rail in terms of its value and characteristics.  (the new line is to include i.a. 11 tunnels, 8 flyovers). New railway is to ensure better communication in south part of Poland and on the axis of Bałtyk - Balkans - Black Sea.

The agreement was finaly concluded on 7th January 2019 afert the proceeding that took over a year. The value of contract obtained by Client of SDZLEGAL SCHINDHELM – is 221,4 mln PLN (ca 51 mln EURO)

Before the contract was concluded, selection of the tender was challenged to the National Chamber of Appeal threee times. The essence of the dispute was the assessment of the offer of SDZLEGAL SCHINDHELM’s Client in the non-price criterion. In the last verdict of 18/12/2018 (KIO 2509/18) the Chamber agreed with the position of our lawyers, that the only way to invalidate the reliability of the assessment was substantive negation of the "key" elements of the Contract (i.e. they do not have the features specified in the Terms of Reference). The appealing contractor did not meet these requirements, so the selection of the tender of our client became final.

The success of the Client of SDZLEGAL SCHINDHELM - thanks to our support, the Client may gain a public procurement for the design and construction of another S19 section worth over PLN 286 million

The Regional Court in Rzeszów, in a verdict announced on 5th Nov. 2018, dismissed the complaint of General Directorate for National Roads and Motorways Branch in Rzeszów against the verdict of the National Appeal Chamber, in favor of the Client of SDZLEGAL SCHINDHELM. As the result the Client has an opportunity to conclude a contract for "Design and construction of the S19 expressway on the section from the Nisko Południe junction (without junction) to the Sokołów Małopolski Północ junction (with junction)" - Task "C".

The National Appeal Chamber, as a result of the appeal filed by SDZLEGAL SCHINDHELM, ordered the contracting authority to reject the offer of the contractor with the most advantageous price due to the inconsistency of the offer with the specification of essential terms of contract. This verdict was questioned by the contracting authority, which brought up, among others, that within the "design and build" formula, where design solutions are specified only after the contract is signed, it cannot be concluded that the contractor's offer is inconsistent with the specification of essential terms of contract, even if the contractor did not include all assumptions resulting from the Functional and Utility Program in the offer.

The District Court in Rzeszów, dismissing the complaint of the contracting authority, shared the view of SDZLEGAL SCHINDHELM that in the procedures implemented in the "design and build" formula, the contracting authority is obliged to verify the contents submitted by the contractors with the Functional and Utility Program, and allowing the “detailing” of the offer at later stage cannot be a "way around" the obligatory rejection of offer inconsistent with the terms.

In the appeal and complaint proceedings the Client was represented by Katarzyna Skiba-Kuraszkiewicz, attorney-at-law and Partner at SDZLEGAL SCHINDHELM.

 

The precedent Supreme Administrative Court’s judgment for the waste management industry

Today (04. Oct. 2018) the SAC dismissed the cassation complaint of the Subcarpathian Voivodeship’s authorities filed against the verdict of the Voivodship Administrative Court in Rzeszów (ref.: II SA / Rz 519/17). The Court in the said judgment annulled the "Waste Management Plan for the Subcarpathian Voivodeship 2022" – in the scope where that authority did not include the installation of mechanical and biological municipal waste management of the private entity, Client of SDZLEGAL SCHINDHELM, as a regional installation. Only installations included in the plan have access to the market and public funding. The verbal motives of the decision show that the Supreme Administrative Court shared the arguments presented in the case by lawyers from SDZLEGAL SCHINDHELM – attorney-at-law Magdalena Przydróżna-Urbanowicz and attorney-at-law Anna Specht-Schampera, Partner at SDZLEGAL SCHINDHELM.

The Supreme Administrative Court confirmed that the Voivodeship’s authorities do not have complete freedom in determining which installations should obtain that status and in this respect are subject to real control by administrative courts.

SCHINDHELM Alliance