Success before the Supreme Court in a case concerning defects of the subject of a contract, withdrawal from the contract and return of an advance payment

The Supreme Court refused to hear the cassation appeal filed by the opposing party against a judgment of the Court of Second Instance, which was favourable to the Law Firm’s Client. The case concerned claims arising from improper performance of a contract, including statutory warranty claims for defects.

The dispute arose from a contract concerning the purchase, delivery, and installation of a specialized industrial device for material remelting. The device was supposed to meet strict specifications and parameters defined in the contract and was to be delivered to the Client’s headquarters after comprehensive refurbishment. However, the Client’s contractor failed to deliver the complete subject of the contract on time, providing only certain components that did not meet the agreed specifications and were in a condition that made acceptance, installation, commissioning, and safe operation impossible. As a result, the Client withdrew from the contract and demanded a return  of the advance payment.

Despite an unfavourable judgment from the court of first instance, the case ended in complete success for the Client before the Court of Appeal in Rzeszów, following an appeal filed by the Law Firm’s lawyers.

The Law Firm’s advocates and attorneys successfully represented the Client also during the proceedings initiated by the cassation appeal.