“Golden parachute” as a method of unjustified enrichment
JSC “Russian Railways “(the Lessor) and LLC “VALANCY” (the Lessee) signed a lease agreement for the washing and steaming station, which provides for an investment component in the repair and modernization of the station.
The claim of JSC “Russian Railways” on termination of the lease of the washing and steaming station against the client of MCBA “Bureau of Lawyers “De jure” was left by the court without consideration.
In connection with the expiration of the investment project and the completion of work by the Lessee is not in full, the Lessor appealed to the court with a claim to the Lessee to terminate the lease agreement.
Leaving the statement of claim without consideration, by a ruling of January 31, 2020, the Arbitration Court of the Moscow Region agreed with the arguments and legal position of lawyers of MCBA “Bureau of Lawyers “De jure” regarding the following circumstances.
The nature of the claims and the category of the dispute are not directly included in the list of the Agro-Industrial Complex of disputes, which provide for the mandatory observance of the pre-trial claim procedure for dispute settlement. However, this procedure is provided for in the Civil Code, which provides for the right of the Lessor to demand early termination of the lease agreement only after sending the Lessee a written warning about the need to perform the obligation within a reasonable time.
In addition, references to 6 claim letters in support of compliance with the claim procedure for settlement of the dispute did not help the Lessor, since the claims-grounds of these letters were not identical to the grounds of the claim.
Head of MCBA “Bureau of Lawyers “De jure” N. V. Filippov and lawyer R. K. Gitinov took part in forming of the legal position on the case and preparing a petition to leave the claim without consideration.
The interests of the Lessee in the Arbitration Court of the Moscow Region were represented by lawyer R.K.Gitinov.
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