Domański Zakrzewski Palinka

Lawyers in our Litigation Practice Paweł Lewandowski (Practice head), Paweł Paradowski, Hanna Gajewska-Kraczkowska and Łukasz Wojdalski finally saw the successful end of a case that had lasted over 6 years to set aside an award issued by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in a case between Taifun Real sp. z o.o. and Exatel SA.

DZP has advised FBSerwis, a subsidiary of Ferrovial Services International and Budimex, on the purchase of 80% of shares in Amest Kamieńsk, a company that operates a mechanical biological waste treatment plant and waste landfill with Regional Municipal Waste Treatment Plant status.

Our law firm’s lawyers have successfully advised a consortium of PORR Polska Infrastructure SA, ZUE SA and Przedsiębiorstwo Budowy Kopalń PeBeKa SA in a dispute with the City of Poznan City Transport Management and the company Poznańskie Inwestycje Miejskie sp. z o.o. The dispute was heard by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw and involved payments under a contract to construct a tramline from Lech housing estate to Franowo in Poznan.

DZP acted for two companies, one Spanish and the other Dutch, from the Spanish Uriel Inversiones capital group in a dispute over payment of an additional fee. The fee, in the form of a success fee, was set pursuant to an agreement on the purchase of shares in a special purpose vehicle (SPV) responsible for constructing and operating a wind farm in Poland. This dispute between foreign entities was heard by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw and ended successfully for DZP’s client.

DZP is providing full-range legal assistance to PKP Intercity SA with two contracts for the supply of modern trains. Twenty Flirt trains are to be supplied by the Stadler-Newag consortium. Another twenty Dart trains are being supplied by Pesa. DZP’s services also cover contractual issues between the parties, public procurement and EU aid issues, certification procedures before the President of the Rail Transport Office and WiFi on trains.

In a recent league table, Mergermarket summed up the situation on the global M&A market for the first three quarters of 2015. We are proud to inform you that our law firm took first place in Poland by number of transactions closed this year (15) and second place by transaction value. At regional level (Central and Eastern Europe) we are in fifth place by number of transactions.

In August 2015, Kompania Piwowarska SA’s main competitor, Żywiec SA Group, obtained an injunction based on the Act on Combating Unfair Competition, inter alia, by Kompania Piwowarska being banned from distributing flavoured beers in specific packaging (cans and multipacks).

DZP acted successfully for Kompania Piwowarska in the case. Our experts filed an appeal against a decision issued by the Regional Court and at the end of November the Court of Appeal upheld the appeal, changed the lower instance court’s decision and thus dismissed the application for an injunction in full.

At the end of November, the South African company Bounty Brands, which is part of the Coast2Coast group, carried out its first acquisition outside its home market by buying shares in Sonko sp. z o.o., the leading rice, cereal and bakery goods producer in Poland. Our law firm provided Coast2Coast (fund managing three Bounty Brands group companies: Bounty Wear, Bounty Foods and Bounty Home&Care) with a broad range of advice.

We advised the client from transaction structure planning through the due diligence and preparation of draft transaction documentation (share sale, establishing security and financing) to the successful negotiations.

DZP advised a consortium of the private equity funds Benson Elliot Capital Management and Walton Street Capital and the leading hotel group Algonquin on obtaining financing from Bank Pekao SA to acquire the Sheraton hotel in Warsaw. The hotel was purchased on 28 October 2015.

At the end of October Maspex Wadowice Group purchased shares in Sequoia sp. z o.o. from a minority shareholder, Sorabot investment fund. Our Law Firm acted for the Sequoia majority shareholders, who were the driving force behind the company’s market success and are currently continuing their work.