JDP law firm helped one of its international clients, leading manufacturer of specialised construction equipment, to recover construction machines worth over PLN 15 million.
The case concerned equipment leased by JDP’s client to a company providing specialised construction services. Although this company stopped paying leasing fees, it refused to return the machines and continued to use them for the purposes of its services rendered throughout Poland.
“The mobility of the machines as well as the actual and legal actions that the dishonest business partner was taking complicated the recovery process very much,” says Adrian Andrychowski, Senior Associate in JDP’s Team for Corporate and Commercial Disputes. “Also the recent changes in regulations concerning enforcement of movable property caused some difficulties in pursuing our client’s claims, therefore we had to employ non-standard methods to recover the property,” added Adrian Andrychowski.
Thanks to a cross-border cooperation among the client’s legal department, its German lawyers, and Polish and German law enforcement authorities, coordinated by JDP, the client successfully recovered the property.
“To handle this case successfully, it was necessary to combine expertise across various fields of Polish and German law governing the lease relationship,” says Marcin Chomiuk, PhD, Partner in JDP’s Team for Corporate and Commercial Disputes. “We managed to do this, thanks to our experience in handling cross-border disputes”, added Marcin Chomiuk.
In addition to Marcin Chomiuk and Adrian Andrychowski, the client was represented by Filip Rasała, attorney-at-law, Senior Associate in the Litigation and Arbitration Team in JDP, and Zuzanna Cybulska, Associate in the Transaction and Contract Counselling Team in JDP.
This is another success of this team. In June 2019 they recovered for their client technologically advanced machines and equipment valued at nearly PLN 50 million.