Flirt and Dart trains in PKP IC colours

DZP is providing full-range legal assistance to PKP Intercity SA with two contracts for the supply of modern trains. Twenty Flirt trains are to be supplied by the Stadler-Newag consortium. Another twenty Dart trains are being supplied by Pesa. DZP’s services also cover contractual issues between the parties, public procurement and EU aid issues, certification procedures before the President of the Rail Transport Office and WiFi on trains.

PKP IC finalised the acceptance of all the trains from the Stadler-Newag consortium in December and the trains have already been put into service. The deadline for all the Dart trains to be supplied by the Bydgoszcz-based Pesa passed on 14 December 2015 and was not kept. This gave rise to a threat of the EU subsidies received for the project being lost.

DZP took an active part in negotiations between our client, PKP IC, and Pesa over a legal solution that would allow the project to be continued without the risk of losing the aid. We also participated in consultations over a draft memorandum of understanding with the Centre for EU Transport Projects (as part of an ex ante inspection), which ended with the CEUTP approving the understanding. The parties finally signed the understanding on 14 December 2015.

DZP will continue to support PKP IC in performing subsequent contracts with Newag-Stadler and Pesa on train maintenance and settlement of EU subsidies.

The project was headed by Aleksandra Auleytner, Partner, with the support of a team comprising Tomasz Darowski, Partner, Paweł Paradowski, Partner, Wojciech Dziomdziora, Counsel, Wojciech Hartung, Counsel, Michał Bagłaj, Senior Associate, Agata Kudelska, Senior Associate, and Krzysztof Fliszkiewicz, Senior Associate.