“Modernisation of the Świnoujście – Szczecin water way (Piastowski and Mieliński Canals) – stage II, eastern and western side” completed!

We are proud to inform you about the successful completion of construction works conducted within the investment project called the „Modernisation of the Świnoujście – Szczecin waterway (the Piastowski and Mieliński Canals) – stage II, eastern and western sides”, which has taken more than two and a half years. Within this investment, shoreline reinforcements of the Piastowski and Mieliński Canals have been rebuilt along an 8 km length. They have been adapted to the target depth of the waterway, which is 12.5 m. In addition, the scope of works also included, among others: the elimination of navigation obstacles, creating land from the formerly existing bays of the Karsiborska ferry crossing, the construction of a technical embankment at Imielin island and the reconstruction of embankment no. 91. The investment aims to ensure more security for ships sailing to the sea ports of Western Pomerania, to stop the advanced degradation of coastal reinforcements, eliminate adverse events (shallowing, excavation, damage and the slipping of reinforcements etc.) and other risks which occur during flooding. This project was co-financed from European Union funds under the Operational Programme „Infrastructure and Environment”. It cost almost EUR 330 million, of which EU financial support amounted to approximately EUR 256 million. We had the pleasure to perform the comprehensive legal assistance for this project in favor of the Contracting Party – the National Treasury – the Director of the Maritime Office in Szczecin. The contract was conducted on the basis of FIDIC Contract...

ZZM GOAP wins against housing estates before Supreme Administrative Court

On December 17, 2015 the Supreme Administrative Court (SAC) in Warsaw dismissed cassation appeals of ten housing estates from Poznań that concerned the judgments of the Provincial Administrative Court dismissing the complaints against resolutions of the Inter-Municipal Union “Poznań Agglomeration Waste Management” (Zgromadzenie Związku Międzygminnego „Gospodarka Odpadami Aglomeracji Poznańskiej” – GOAP) as regards the specimen of declaration of fees for municipal waste management. With the same the SAC concluded the dispute which has been under way on the initiative of the housing estates since August 2013. In the dispute the housing estates claimed that they should not be obligated to declare the fees for municipal waste management as required by the act on maintaining cleanliness and order in municipalities, the so called “waste act”. By presenting the oral motives of justification, SAC indicated that both the Provincial Administrative Court and Inter-Municipal Union “Poznań Agglomeration Waste Management” interpreted the regulations of the act correctly. SAC was in favor of the broad interpretation of the term „owner” used in the „waste act”, and with the same concluded that a housing estate, as an entity falling within the definition of an „owner”, could have been obligated to declare the fees for municipal waste management. We accept SAC’s judgment with satisfaction, as it confirms our interpretation of the regulations – says Anna Romejko-Borkowska, legal counsel at SWS Law Firm Strykowski Wachowiak – the plenipotentiary of GOAP. It was a leading case, and the matter raised many doubts, as there was no applicable judicature. The decision appealed against was the first one of the kind, where housing estates were formally disputed as owners, according...

An action brought by developer won for Poznań by SWS

November 9, 2015 The Municipality of Poznań, represented in the action brought by one of developers operating in Poznań by legal counsel Agnieszka Mieczkowska and legal counsel Rafał Ratajczak from SWS Law Firm Strykowski Wachowiak sp.k., shall not be obliged to pay over 15 million zlotys in compensation to the developer for the impossibility to carry out an investment at Osiedle Zwycięstwa housing estate in Poznań, in the consequence of failure to issue by the Municipality of building conditions applicable to the developer’s real property before adoption of the study of land use conditions and directions and spatial development plan which changed the intended use of the area in question. In the judgment from December 18, 2014 the Regional Court in Poznań dismissed the action against the Municipality of Poznań for compensation indicating that, on one hand: the plaintiff should have an appropriate adjudication issued under proper administrative proceedings confirming that failure to issue building conditions was unlawful, and on the other: the plaintiff did not prove that he had actually incur a loss. The plaintiff’s appeal to the above mentioned judgment was dismissed by the Administrative Court in Poznań on November 5, 2015. The Court did not find any unlawful acts on the part of the Municipality of Poznań and emphasized that the matter of potential faults in administrative proceedings if, in fact, there were any, was not subject to cognition by common courts and should be evaluated during appropriate administrative proceedings or administrative-court...

We support Poznań Mozart Festival

XIII Poznań Mozart Festival, whose organization is actively supported by SWS every year, will take place between November 28 and December 12, 2015. This year’s edition – “Mozart in German” – will inaugurate a new program cycle of the Festival during which, in seven consecutive years, the organizers will invite to a journey in the footsteps of Mozart. During the Festival, on 4th December at 23:00 hours in the Metropolitan Cathedral there shall take place a unique event that gathers a crowd of music lovers each year – Missa pro defuncto W. A. Mozart Requiem – a requiem mass for the soul of the composer in the rite from before the liturgical reform introduced by the Second Vatican Council, and illustrated by his Requiem. For more information visit...