Case study
Successful Defense: Neighbourhood Immissions Claim Against Recycling Company Dismissed
The Client
A potentially detrimental claim concerning neighbourhood immissions against our client, a recycling company, has been fully dismissed, safeguarding the strategic interests and future existence of the business.
Specialisation:
The challenge
Facing a serious threat to its continued operations, our client was sued by owners of adjacent properties who sought to halt immissions and demanded compensation for the alleged decrease in property values. The first instance court ruling favored the claimants, placing the very continuity of our client’s business in jeopardy. Complicating matters further, we were engaged by the client during the appeal phase, post an unfavorable court expert opinion from the first instance court.
The Result
We have successfully contested the expert opinion.
We highlighted the gaps in the reasoning and evidence submitted by the claimant. The Appeals Court concurred with our argument that claims to cease immissions related to business operations and those seeking compensation for property devaluation should not be pursued simultaneously.
The Appeals Court also acknowledged procedural shortcomings committed by the Regional Court, particularly the overly broad ban on immission generation defined in the initial judgment, resulting in an award surpassing the claim. In its final ruling, the Appeals Court in Poznań sided with our Firm’s position in the appeal, dismissing the claim in its entirety.
The Regional Court’s initial judgment, imposing restrictions that could force our client to downsize its business, is no longer effective. Consequently, our client can continue its business operations without impediment.
