September 19 Main results of the day

The Moscow Arbitration Court partially satisfied the claim of the Principal of the Bureau of Lawyers “De jure” against the Defendant for the recovery of rent arrears in the amount of 450 thousand rubles, as well as a penalty in the amount of 0.1% per day for each day of delay until the date of actual payment debt. The counterclaim of the procedural opponent to recognize the contract as terminated was denied in full. The complexity of this process was the ambiguity regarding the fact of termination of the lease agreement. Lawyers of the Bureau managed to convince the court that there was no fact of early termination of the contract and achieve a decision to satisfy the claims. The interests of the Principal were represented by Dan Khorolets, lawyer of the economic dispute resolution practice of the Bureau of Lawyers “De jure”.

The Ninth Arbitration Court of Appeal issued a decision to leave the decision of the court of first instance unchanged, the appeal of the procedural opponent of the Bureau of Lawyers “De jure” – without satisfaction. As part of the dispute, the arguments of the procedural opponent on changing the terms of payment under the lease agreement, taking into account the position prepared by the Bureau of Lawyers “De jure”, were declared untenable. Lawyers of the Bureau managed to prove that the non-use of the leased object by the tenant due to the unfavorable situation associated with the spread of a new coronavirus infection, as well as in connection with the introduced self-isolation regime in this case is not a basis for releasing the tenant from the obligation to pay rent. Also, in the court of appeal, it was possible to defend the position that there are no grounds for exemption from liability, as well as for reducing the amount of the penalty in accordance with Article 333 of the Civil Code of the Russian Federation. The interests of the Principal were represented by Irina Novikova, senior lawyer of the Bureau of Lawyers “De jure”.

The Ninth Arbitration Court of Appeal upheld the decision of the Moscow Arbitration Court on the full satisfaction of the claims of the Principal of the Bureau of Lawyers “De jure” against the Defendant for the recovery of rent arrears in the amount of 5 million rubles, as well as a penalty in the amount of 0.2% for each day of delay. The complexity of this process was the need to prove the absence of re-lease of non-residential premises in the shopping center. Lawyers of the Bureau managed to convince the court of the absence of this fact and achieve a decision on the full satisfaction of the claims, and subsequently achieve the upholding of the decision. The interests of the Principal were represented by Dan Khorolets, lawyer of the economic dispute resolution practice of the Bureau of Lawyers “De jure”.