The General Court of the European Union has dismissed the action by Autostrada Wielkopolska SA (AWSA) against the decision of the European Commission ordering the company to refund to Poland PLN 894 million, plus interest, in impermissible state aid. The dispute arose out of a concession agreement signed in 1997 for the A2 motorway. The recovered funds will be allocated to the National Road Fund and used for carrying out road development projects. Wierzbowski Eversheds Sutherland supported the Republic of Poland in the proceeding before the General Court in connection with its knowledge of the relations between AWSA and the General Directorate for National Roads and Motorways (GDDKiA), gained over its many years advising GDDKiA, including in matters involving construction and operation of the A2 motorway. The firm’s lawyers advising the Polish side in the proceeding were Krzysztof Wierzbowski, senior partner and head of the real estate and infrastructure practice, and Maciej Jóźwiak, head of the dispute resolution practice.
https://www.eversheds-sutherland.com/global/en/where/cee/poland/overview/news/shownews.page?News=en/Poland/en/2019-10-win-before-the-general-court-of-the-eu