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Another win for DZP in the Blue Palace case

05.02.2013

On 4 February 2013 DZP obtained another Court of Appeal judgment favourable for the capital city of Warsaw in a dispute over the City's use of buildings in the historic Pałac Błękitny [Blue Palace] complex at ul. Senatorska. On 23 January 2013, the Supreme Court had refused to hear an appeal filed in another thread of the dispute by Theta Investments Sp. z o.o.

The judgment passed by the Court of Appeal in Warsaw on 4 February 2013 (I ACa 54/13) overturned a judgment that was unfavourable for the capital city of Warsaw issued by the Regional Court, discontinued the proceedings in this Court in view of their invalidity and referred the case back to the first instance court for re-examination. The Court of Appeal judgment is interesting as it extensively discusses the issue of direct representation of a capital company in civil proceedings by one of the members of the company's multiperson management board.

In the Supreme Court's order of 23 January 2013 (I CSK 378/12), however, the Court upheld DZP's standpoint concerning the admissibility of effectively bring a claim for the limitations period having run for the first time only at the stage of appeal proceedings and also concerning the limitations period for an entrepreneur's claim for remuneration for non-contractual use of the real estate.

The case was handled at DZP by Lech Żyżylewski and Piotr Gołaszewski from our Real Estate Practice, specialising in, inter alia, reprivatisation issues.