15 September 2023
Legal action was brought against the clients of RKKW for an order to cease any activities related to the realisation of a significant investment project for the clients. The aim of the opponent was to stop an ongoing construction project worth more than PLN 60 million. The justification for this lawsuit was the alleged imminent threat of damage to the plaintiff’s assets as a result of the realisation of this investment.
The defendants in the case, clients of RKKW, are a public company in the water and wastewater sector and two members of its management board. The plaintiff, on the other hand, is one of the shareholders (an entity belonging to a global holding company from the utilities sector), which has been in a multi-faceted dispute with the company for many years. The initiated lawsuit is therefore one of a series of actions that the opponent is taking to obstruct the clients’ business and disrupt the day-to-day management of the company.
After almost two years of complex litigation, the claim against the clients of RKKW has been entirely dismissed. Despite extensive evidence proceedings, including witnesses, the claimant failed to prove the validity of the formulated claim. The plaintiff was also ordered to reimburse the costs of the proceedings at an increased, non-standard amount. Therefore, clients of RKKW can continue with their infrastructure project and take all measures to complete the ongoing investment.
Considering the aforementioned value of the investment, as well as the fact that certain expenditure has already been made on it, the judgment is of significant importance to RKKW’s clients (both strategically and financially). The judgment is not final.
Legal services in this case were provided by Karol Maciej Szymański (Managing Partner), attorney-at-law Kornelia Łuczejko (Senior Associate) and advocate Karolina Kobojek (Senior Associate).