Aktuální report č. 62 / 2012

Judgement on the claim of Budimex SA against GDDKiA – construction of the Augustów bypass

With reference to current reports No. 4/2009 of 14 January 2009, No. 9/2009 of 26 January 2009, No. 52/2009 of 8 July 2009 and 89/2011 of 10 November 2011, the Management Board of Budimex SA announces that on 21 September 2012, the Court of Appeal in Warsaw, VI Civil Division, dismissed the appeals brought by Budimex SA and the General Directorate for National Roads and Motorways (GDDKiA) on the claim regarding the construction of the Augustów bypass along national road No. 8 (the state border – Wroclaw – Białystok – Suwałki – the state border) for the payment of the contractual penalty. Thus, the judgement of the first instance court, i.e. the District Court in Warsaw, has become final. In accordance with this judgement, GDDKiA shall pay to Budimex the amount of PLN 21 948 408 (constituting half of the amount in dispute) with interest at the statutory rate as calculated from 28 February 2009 to the date of payment. The parties are entitled to file a cassation appeal with the Supreme Court within two months from the date of service of judgement, to be accompanied by a justification of the claimant.
A decision on a possible cassation appeal, to the extent in which Budimex claims were dismissed, shall be made after receiving reasoning for the aforementioned judgement.