An international client of the law firm JDP recovered technologically advanced machines and devices worth over 50 million zloty.
The equipment was previously subject to a post-leasing sale. Under the sale agreement, the title to the equipment was reserved to the seller until the payment of the full sale price. However, not only did the purchaser not pay the sale price, the purchaser did not return the property; moreover, it continued to use the machines and devices for its own projects carried out in Poland and abroad.
“Standard enforcement steps did not bring effects,” said attorney Adrian Andrychowski, Senior Associate in JDP’s Team for Commercial Disputes who was involved in the project. “The debtor made all efforts to prevent the enforcement, for instance transferring the machines between various companies and even trying to sell some of the machines to another continent by sea.”
Therefore, JDP’s lawyers decided to take unconventional measures that proved effective. Thanks to close cooperation with the client’s legal department, along with German, Dutch, and Polish enforcement authorities, JDP succeeded in recovering the client’s property.
“This case turned out to be particularly complicated in legal terms and required expertise across many fields including contract, company, enforcement, and criminal law. Since the machines were located in different places, our efforts aimed at recovering them had to be carried out at the same time at all locations to effectively secure the property. Such success involving numerous agencies would not have been possible without the smooth and swift work of the entire legal and technical team, excellent organizational skills, as well as our experience in supporting German-speaking clients,” said Marcin Chomiuk, Partner and head of the team.
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.