Dentons US LLP

09/20/2021 | Press release | Distributed by Public on 09/20/2021 04:21

Warsaw Regional Court rejects appeals lodged by Stadler Polska's competitors in a tender launched by Koleje Mazowieckie railways

September 20, 2021

The Warsaw Regional Court has issued a final ruling in favor of Koleje Mazowieckie in a three-year trial concerning Poland's largest tender for the delivery of PLN 2.2 billion worth of electric multiple units (FLIRT trains) to Koleje Mazowieckie.

In the previous appeal proceedings, competitors of the tender's winner, Stadler, challenged the quoted level of energy consumption of Stadler's vehicles and claimed that the price levels offered in the tender were abnormally low. The National Appeals Chamber (KIO) dismissed the appeals and a framework agreement was concluded with Stadler Polska in 2018. The two appellants then appealed the KIO judgement, referring the case to the Warsaw Regional Court, which, among other things, appointed an expert to assess the correctness of the offered energy consumption. On 3 September 2021, the Court dismissed the two appeals.

Dentons represented Stadler in the proceedings. Counsel Sylwester Kuchnio and partner Patrick Radzimierski defended the case before the court, with support from partner Aldona Kowalczyk.

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