We are pleased to inform that on October 28th Regional Court in Warsaw in the case No XX GC 74/19 fully dismissed the claim for payment of approx. PLN 62 M (EUR 13 M) against our client – Cementownia Warta S.A. and six other, main cement manufacturers in Poland. The case is so called “private enforcement”, meaning it concerns compensation for the loss incurred due to the competition law infringement and relates to the cartel allegedly operating in Poland in years 1998-2006.
The court accepted our objection and found the claims time barred deciding that both call for settlement and later interim injunction motion constituted procedural law abuse and failed to interrupt the lapse of time limitation.
The case will no doubt contribute to development of the case law in an interesting in the last years area of so called “sham” procedural instruments. The judgment is not final.