Another success of the Litigation and Dispute Law Department of the Law Firm Babiaczyk, Skrocki and Partners ended the proceedings conducted before the District Court Poznań – Stare Miasto in Poznań. On December 5, 2023, a verdict was issued, in which the lawsuit filed against the Law Firm’s client for remuneration resulting from the proper performance of a construction contract was dismissed in its entirety.
Immediately after the delivery of the lawsuit, the lawyers of Babiaczyk, Skrocki and Partners reviewed the entire file of the case. They showed that the lawsuit, prior to its delivery to the defendant, had been returned twice to the plaintiff due to formal deficiencies. On the other hand, a lawsuit that was returned and then filed anew does not interrupt the statute of limitations on the date it was originally filed. Moreover, the documentation underlying the claims covered by the lawsuit showed that the plaintiff issued VAT invoices with a significant delay from the date when it could and should have done so. This, in turn, means that the statute of limitations actually runs from an earlier date than the apparent due date of the VAT invoices.
As a consequence of the above, the court found the claims to be barred in their entirety. At the same time, after reviewing the argumentation of the lawyers of the law firm Babiaczyk, Skrocki and Partners presented both in the pleadings and during the hearing, the court did not share the claimant’s allegation of abuse of rights – and thus found the statute of limitations to be effective.
The consequence of the above was a judgment dismissing the claim and awarding the law firm’s client reimbursement of litigation costs.