RKKW client reinstated in rights of shareholder of general partnership

A client of RKKW, as one of two partners of a profitable general partnership in the luxury goods industry, was sued by the other partner for deprivation of her rights to conduct the affairs and represent the company. The opponent obtained a freezing order against her, as a result of which RKKW’s client was suspended in the mentioned shareholder’s rights.

The client approached RKKW at the point when the freezing order of District Court in Warsaw was already final. RKKW’s lawyers prepared a long-term strategy for the dispute, supported the client in the comprehensive gathering of evidence and then prepared a motion to revoke the final freezing order. The motion cited numerous arguments in support of the lack of grounds for suspending the client’s shareholders’ rights. The motion also showed that the obtained freezing order was only a cover for the claimant to start competitive activities.

The District Court in Warsaw granted the RKKW Client’s motion – revoked the freezing order in its entirety, recognizing argument that the claimant’s demand is not even plausible at this stage of the proceedings. Thus, the client regained the right to conduct the company’s affairs and representation.

The decision to revoke the freezing order is not final.

The project was led by attorney-at-law Dariusz Kulgawczuk, Partner at the RKKW, and advocate Aleksandra Ługowska, Senior Associate.