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DZP wins Pałac Błękitny [Blue Palace] case

27.03.2012

On 27 March 2012 DZP obtained a Court of Appeal judgment favourable for the capital city of Warsaw in a case brought by Theta Investments Sp. z o.o. for remuneration for the City's non-contractual use of buildings in the historic Pałac Błękitny complex at ul. Senatorska in Warsaw.

The Court of Appeal in Warsaw changed the Regional Court judgment in the part awarding Theta nearly PLN 20 million (with statutory interest) and in this aspect finally and non-revisably dismissed the claim. The remaining part (demanding the award of around a further PLN 20 million plus interest) of the appealed judgment was overturned and in this aspect the case was referred back to the Regional Court for re-examination.

The Court of Appeal judgment (I ACa 133/12) is significant as it specifies and discusses in detail the issue of the owner and the possessor's standing in cases concerning payment of remuneration for non-contractual use of 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.