Author: Kancelaria

The GKW Law Firm has represented the transport company in a court dispute with a former employee. The company terminated the employment contract with the driver under a disciplinary procedure, indicating the employee’s refusal to undergo a preventive sobriety check before starting work.

The District Court for Warszawa-Żoliborz in Warsaw stated that the order to undergo the preventive sobriety check was lawful and therefore the driver should have complied with it. The court emphasized that the specific nature of the Company’s operations and the need to ensure the safety of passengers and other road users speak for the use of preventive sobriety tests for drivers. At the same time, the provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism do not prohibit preventive sobriety tests of bus drivers, and do not indicate the only persons who are authorized to conducting the sobriety tests.

The court ruled that the refusal to undergo a preventive sobriety test was a valid reason for the disciplinary termination of the employment contract.

The GKW Law Firm represented the bus driver in the complaint proceeding regarding the driver’s arrest, which was widely commented in the media.

The arrest took place on July 8, 2020 as part of police inspections of city buses in Warsaw. Officers tested drivers for drugs. The first test showed that he was under the influence of drugs, but next tests did not confirm this. Despite the negative results of the research, the Police took further steps. Coercive measures were applied to the driver and his house was searched. The driver was not released and spent the night in the detention room. The law firm filed a complaint in this case, questioning police behavior.

On December 15, 2020, the District Court acceded to the Law Firm’s claim and found that the actions of the police were incorrect. In its final considerations, the Court indicated that “The end does not justify the means. Taking care of the safety of road users and public transport passengers cannot mean that the rights and guarantees of detained persons will not be respected ”.

More information:

https://www.wprost.pl/kraj/10342743/postepowali-ze-mna-jak-z-przestepca-emocjonalne-nagranie-z-zatrzymanym-kierowca-autobusu.html

https://www.transport-publiczny.pl/wiadomosci/kierowca-mza-bezpodstawnie-zatrzymany-przez-policje-postanowienie-sadu-67106.html

 

The victory of the Law Firm in a dispute between ATF sp.z o.o. sp.k. and Ringier Axel Springer Polska sp.z o.o. – publisher and journalists of Newsweek, regarding the protection of personal rights.

The GKW Law Firm represents ATF in the dispute with the publisher of Newsweek regarding the protection of personal rights. ATF accuses the publisher and journalists that the article published in Newsweek was untrue, contained many false suggestions and manipulations, and the journalist was dishonest, which means a violation of ATF’s personal rights.

The District Court in Warsaw, in its judgment of December 2, 2020 (III C 1328/17), as a result of the lawsuit by the Law Firm, ordered the publisher of Newsweek and the authors of the article to include statements with ATF apologies for posting partially untrue information violating the company’s good name in the article entitled “The stench behind the barn.” The judgment is not final.

Our law firm acted as legal advisor to the private equity fund 21 Concordia on the sale of shares in R2G Polska sp.z o.o. to Abris Capital Partners.

R2G Polska sp.z o.o is a logistics operator which has been operating as the Apaczka brand on the courier parcel market for over 11 years, provides its services to the largest e-commerce platforms in Poland.

Our team advised the 21Concordia fund on the commencement of investment in R2G Polska sp.z o.o. in 2017.

The transaction was conducted by:

• Arkadiusz Grabalski
• Marek Kempiński
• Justyna Fedyszyn
• Piotr Mordzonek

More information about the transaction: https://www.money.pl/gielda/fundusz-abrisu-nabyl-wiekszosciowy-pakiet-wlasciciela-marki-apaczka-6562028439275649a.html 

Grabalski, Kempiński i Wspólnicy advised on the acquisition of Solid Logistics shares by VGL Group (one of the largest logistics operators in Poland).

VGL Group is a leading Polish logistics  operator, acting on the market since  2000. It offers a full range of services  within the scope of  marine, air, and road forwarding, and transport and supply chain management. Solid Logisics is a global logistics operator with its own offices in Poland, Germany, China and Taiwan as well as cooperating offices all over the world. Solid Logistics provides comprehensive international logistics services based on sea, air, road and rail transport.

On the part of our law firm, the transaction was conducted by Justyna Fedyszyn and Paulina Banasik.

The legal advisor to Solid Logistics was Justyna Kyć and Dr. Andrzej Dmowski from Russell Bedford Dmowski i Wspólnicy Kancelaria Adwokacka Sp. k.

More info: http://www.vgl-group.com/polaczenie-sil-vgl-group-i-solid-logistics