Energa – Obrót S.A. has entered into yet another settlement agreement with one of the wind farms it sued in September 2017. Our team, coordinated by Paweł Łącki, PhD, and Ms. Patrycja Starczewska, supported the Client in the preceding negotiations.

The dispute concerned the validity of the framework agreements for the sale of green certificates. The parties solved the dispute amicably and terminated their cooperation. 

‘This is the fifth settlement agreement made by Energa – Obrót S.A. with the wind farms sued’, says Ms. Patrycja Starczewska, head of the litigation department at SMM Legal. ‘We have done our best to ensure that its terms and conditions are the most satisfactory to our client. Negotiations with other businesses are still ahead, as this long-term project requires extensive individualised analyses on case by case basis.’

At this point, the total capacity of facilities covered by settlements corresponds to as much as 42% of the total rated capacity of all wind farms whose contracts were challenged in court. Our team has been assisting the Client throughout the process concerning the  invalidity of framework agreements. We have been also advising the Client in negotiations with other suppliers, and the option of further settlements remains open. Independently of the negotiations, individual cases are pending before common courts.

Limitations raise questions. We provide answers.