According to the provisions of the Civil Code, in case of causing damage, the obligation to remedy it concerns not only just losses in the property of the aggrieved party, but also profits that could have been achieved and that, because of causing the damage, have not been fulfilled.
These provisions were the basis for interlocutory judgment, issued by the court in Poznań in favour of our Client in the case concerning the breach of contract on commercial cooperation. In this judgement the court found as reasonable the claim for damages concerning the loss of profit due to unlawful cessation of supply of raw materials. According to the court, the supplier, because of setting grossly long supply terms, has violated the rules of social coexistence and the common economic purpose of the parties. As a consequence, it bears the responsibility for the damage.
By virtue of the judgement, the obligation to remedy the damage concerns the payment of profits, that the Client would have achieved from the sale of its goods, and that have not been achieved because of the unlawful breach of the contract by the supplier.