RZMK Restructuring has succeeded in winning security for our client Duka International in court. The Warsaw mall, which had revoked access to one of its showrooms, was forced to make the store available again.

In December 2024, one of the Duka’s showrooms located in the Warsaw mall was closed for allegedly late payment of rent and utilities. In our opinion, this action was carried out in violation of the restructuring law due to ongoing sanitation proceedings. Duka International has paid the rent due since the beginning of these proceedings, so there was no title to terminate the lease. We therefore took legal action to defend the company’s rights.

A few days ago, the court issued a protective order in which it shared our concerns and ordered the mall owner to restore the Duka’s showroom. According to the court’s verdict, he should make the premises accessible, remove the taping of the storefront, reinstall the advertising sign, and restore access to utilities. The court also forbade any obstruction or prevention of the company’s access to the showroom and common areas.

The trial will go on and the verdict will come later, but the injunction already issued, leads to believe that Duka International’s rationale will be upheld. According to the provisions of the Restructuring Law, a company in the process of sanitation is subject to special protection, and according to Article 256 of the Restructuring Law (Journal of Laws 2015, item 978), a lease agreement cannot be terminated against an entity subject to the sanitation process. This shows how comprehensively the interests of the restructured company can be secured, even by such non-standard methods. Even if the case involves a small subject, the sum of such smaller elements can make a big difference to a company that needs an extra push to act. That’s why at RZMK Restructuring we do everything we can to safeguard our clients’ interests in every area and down to the smallest detail.