The court of appeal overturned the decision of the court of the first instance to recover 25 million rubles from the Client of MCBA “Bureau of Lawyers “De jure”

On December 25, 2019, the Ninth arbitration court of appeal overturned the decision of the court of the first instance to recover 25 million rubles from LLC “E” – a manufacturer and supplier of binding materials. The claim to the company was presented by LLC “f”, which had a delivery contract with LLC “E”. According to the Plaintiff, the Defendant took part of the cargo with a delay, which became the basis for making a claim for storage of the cargo. The court of the first instance granted the claim in full, but after connecting the lawyers of MCBA “Bureau of Lawyers “De jure”, a position was formed, which the court of appeal agreed to. In particular, the court of appeal found that the agreed value included “all costs, including the cost of transshipment of cargo, moving, storage and any other costs necessary to perform the Client’s request for the delivery of goods to the Consignee, as well as all storage costs of the cargo at the final rail destination station and/or at the port of discharge of the goods within 60 (sixty) calendar days from the date of notification of the Customer about readiness for the results delivered”. In addition, the court stated that the cargo was held directly by the Plaintiff in violation of an additional agreement with the Defendant, according to which he was not entitled to hold the Client’s cargo.

“This decision of the court of appeal is very important for our client, – lawyer of MCBA “Bureau of Lawyers “De jure” Yulia Martynenko says, – because in the courts there are several other claims against him from LLC “F” for a total amount of more than 55 million rubles under the same delivery agreement and this judicial act establishes a pre-trial for subsequent cases.”