The Financial Times recently published an article on actions that Invenergy, an American Corporation, intends to take against Poland.
One of the matters discussed is litigation initiated on behalf of ENERGA-Obrót S.A. by SMM Legal against certain wind farms. The article quotes Mr. Rafał Sikorski, PhD, Senior Partner at SMM Legal, heading the team of lawyers in charge of the legal action. Mr. Sikorski emphasized that ENERGA had ceased complying with the CPAs since it believes them to be invalid as a result of having been executed in breach of the public procurement procedure. Furthermore, he reiterated that lawyers have analysed the CPAs in the broader legal context, involving the possibility of applying severability clauses.
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