Domański Zakrzewski Palinka

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.

On 14 October a strategic partnership agreement was signed by MEDCOM sp. z o.o. and Mitsubishi Electric Corporation (MELCO) under which MELCO is to invest and purchase a minority block (49%) of shares in MEDCOM. The investment is still awaiting Competition and Consumer Protection Office clearance. DZP advised MEDCOM and its shareholders, accompanying the client from the start of the negotiating process with the Japanese market leader in electrical and electrical equipment and power electronics. The two parties to the transaction both say that the alliance will enable them to achieve common growth and to further improve the solutions offered to clients in Poland and the rest of the world.

On 30 September, EDF Polska SA and Fundusz Inwestycji Infrastrukturalnych - Kapitałowy Fundusz Inwestycyjny Zamknięty Aktywów Niepublicznych managed by Polskie Inwestycje Rozwojowe SA signed an investment and shareholders agreement on the financing of construction of a new gas-fired combined heat and power (CHP) plant in Toruń. As part of the project, a new gas-fired CHP plant with thermal power of 330 MWt and electric power of approx. 100 MWe will be constructed. The estimated project value is approx. PLN 550 million.

DZP has achieved another success in a high-profile case involving the reprivatisation of real estate at Al. Ujazdowskie 23 in Warsaw. In its judgment of 3 September 2015 the Regional Court in Warsaw awarded over PLN 21 million plus interest (to date, approx. PLN 20 million) against the Republic of Serbia to the Gawroński family as remuneration for the non-contractual use by the Republic of Serbia and its predecessors of the building at Al. Ujazdowskie 23 owned by the Gawroński family.