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Austrian investor calls for respect of foreign investor rights in Poland

Austrian investor calls for respect of foreign investor rights in Poland

An Austrian investor raises doubts about business etiquette in Poland’s business environment and asks the Polish Arbitration Court for an opinion.

Misleading with false information about the possibility of implementing a serious, multi-million investment in a prestigious restaurant in the country’s capital – Warsaw has led to the failure of the investment opportunity – revealed a private investor from Austria, Dr. Philipp Sabanas.

After weeks of legal dispute and negotiations, the investor is now calling for respect for foreign investors’ rights, clear guidelines of responsibility for written declarations and compensation for losses of PLN 10 million.

The Court is due to resolve a phony conflict that triggered public attention in Poland recently, where foreign investors have been lured into investment in a famous rooftop capital city restaurant spot, while the building owner did not secure necessary administration approvals. According to the investor’s declaration, the owner of the building offered space for rent in 2021, signed an agreement (2022) and convinced the foreign investor to build a restaurant (on floors 28 and 32), even though the City Office administration suspended the use of the building’s roof.

The owner of the building– Globalworth Fund, denies wrongdoings through its local branch Spektrum Tower Ltd, in its statement of December 15, 2023, emphasizing that all the Company’s actions are undertaken in accordance with the provisions of law and with substantive support from renowned law firms. Furthermore, the company denies the claims that the position adopted by the Company regarding the possibility of using the hospitality business space was not supported by applicable legal provisions.

Unfortunately, at no stage, both when signing the lease agreement and during its implementation, the investor was not informed about legal problems or a lack of consent to use the roof area for commercial purposes – Kinga Miller, investor’s legal advisor from the Wołoszański & Wspólnicy law firm was quoted as saying.

How is it possible that an international company, Globalworth, which owns over 20 office buildings in Poland (including the Spektrum Tower building in Warsaw), offers lease space, signs a contract, accepts the investment without full and appropriate use permits – questions Austrian investor.

The case will be heard by the Warsaw Court of Arbitration in the coming weeks with due course to provide answers to these questions.


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