Konrad Oleszczuk

At our request, the Regional Court in Szczecin secured the anti-enforcement claim by prohibiting the obligor from initiating enforcement proceedings and, should they be initiated, suspending these proceedings. Our Clients operating in the construction industry entered into an investment agreement under which they took responsibility for the truthfulness of the representations and warranties made. Breach…

RKKW’s Client sought the return of a deposit given to secure the proper performance of a subcontract, the subject of which was the preparation of design documentation and cost estimates and the related author’s supervision service. Due to the investor’s withdrawal from the contract with the main contractor and the main contractor’s withdrawal from the…

In two independently pending proceedings, the Regional Court in Gdańsk and the District Court in Warsaw dismissed claims for determination of the invalidity of share sale agreements concluded by RKKW’s Clients. One of the judgments is already legally binding. A third-party creditor brought claims against our Clients to establish the invalidity of agreements for the…

In its decision of 19 January 2024, II CSKP 897/22, the Supreme Court in Poland ruled that the actual inability of a party to pay the costs of arbitration constitutes an independent condition for declaring an arbitration clause unenforceable within the meaning of Article 1165 § 2 of the Polish Code of Civil Procedure. In…

The Court of Appeal in Warsaw has validly dismissed a claim for damages against our client for allegedly causing the plaintiff’s debtor to become insolvent. This judgment brings to an end 10 years of dispute. The plaintiff had lodged a claim for damages against our client of more than PLN 1,000,000 for, among others, causing…

An action was brought against RKKW’s client for revoking a resolution of the general meeting, claiming that the challenged resolution is contrary to good practice and is intended to harm shareholders, including the minority shareholder bringing the action. The value of the dispute was set at nearly PLN 2 million. However, the pending case did…

The client of RKKW made a decision to leave the stock exchange. The minority shareholders decided to challenge the delisting resolution. In the process, they argued that the price set in the pre-delisting tender offer was not fair. In their view, it had been shaped on the basis of the stock exchange quotation in an…

At the request of RKKW, the District Court in Wroclaw has secured our client’s claim for payment of over PLN 30 million in damages. This comes as an effect of seizing the defendants’ property rights and encumbering their real estates with obligatory mortgages.   Our client is a minority shareholder in an infrastructure industry company. The…

The District Court in Wroclaw declared invalid the resolution of the shareholders’ meeting on amendments to the articles of association. The implemented changes extended the list of reasons for obligatory redemption of shares and were set to expel our client from the company. The majority shareholders of a construction industry company adopted a resolution to…

Under two security orders, the District Court in Szczecin prohibited our clients’ opponent from applying for an enforcement clause on statements of submission to execution up to the amount of PLN 50 million, and in one of the orders additionally threatened the obligor with a penalty of PLN 5 million for violation of the order.…

The Court of Appeal in Warsaw has dismissed an appeal against a favorable verdict for RKKW’s client finding that resolutions of a general meeting of a company listed on NewConnect were invalid. The resolutions regarded an increase in share capital and an amendment to the Articles of Association. The verdict is final. The dispute between…

The District Court in Wroclaw has already twice suspended the enforceability of resolutions of the shareholders’ meeting of one of the companies regarding amendments to the company’s articles of association. The amendments expanded the catalog of grounds for compulsory redemption of shares.RKKW’s client is a shareholder of one of the companies in the construction industry.…