No legal basis for PKP CARGO S.A. under restructuring to pursue claims against PKP PLK S.A. for the years 2009-2014
The administrator of the rehabilitation estate of PKP CARGO S.A. under restructuring (the “Company”) hereby announces that the Management Board of PKP CARGO S.A. under restructuring has determined that there are no legal grounds for pursuing claims against PKP Polskie Linie Kolejowe S.A. (“PKP PLK”) for the years 2019-2014 in connection with the incorrect method of calculating fees for minimum access to railway infrastructure 2009-2014 in the light of the Judgment of the Court of Justice of the European Union (CJEU) of May 30, 2013 which resulted from the flawed implementation of Directive 2001/14/EC of the European Parliament and of the Council of February 26, 2001, on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, as amended by Directive 2004/49/EC of the European Parliament of the Council of April 29, 2004.
The Company’s position above is the result of the completion of an analysis concerning the possibility of pursuing the claims in question against PKP PLK.
An analysis conducted by a legal advisor, covering both an assessment of the facts and the applicable legal regulations, showed that it is not possible to effectively pursue claims against the State Treasury or the infrastructure manager, PKP PLK, for the indicated period. The results of the analysis received by the Company clearly confirmed that there were no legal grounds for pursuing claims due to the passage of the time – the statue of limitations and the inability to challenge the decisions of the President of the Office of Rail Transport (UTK) approving the rates of charges in the above-mentioned period.
In addition, part of PKP CARGO S.A.’s activities consisting in the collection of claims referred to in this report was transferred to a company established in 2013 as a result of the division of PKP CARGO S.A. by spin-off in accordance with Article 529 § 1(4) of the Commercial Companies Code. As a result of the spin-off, a limited liability company was established under the name Windykacja Kolejowa spółka z ogarniczoną odpowiedzialnością (KRS 487558), registered in the National Court Register on December 2, 2013, in which all shares were acquired by PKP S.A.
(at that time 100% owner of PKP CARGO S.A.).
After reviewing the options and analyses of legal advisors on the matter at a meeting of the Management Board on November 4, 2025, the Management Board of PKP CARGO S.A. in restructuring adopted a position, the result of which is this report.