April 2 Main results of the day

The Arbitration Court of the Moscow District sided with the lawyers of the Bureau of Lawyers “De jure” on the claim of the Principal to exclude the procedural opponent from the membership of the company and to recover losses from him and the firms controlled by him totaling more than 39 million rubles.

Disputes about the exclusion of a participant from the society are extremely difficult, since such a measure of responsibility is extraordinary in nature and is applied in exceptional cases. Lawyers of the Bureau of Lawyers “De jure” managed to substantiate the existence of objective grounds for the application of such a measure of responsibility, having proved numerous facts of abuse on the part of the Defendant.

The complexity of the court case is also indicated by the fact that the judicial board of the cassation instance twice went to the deliberation room, but returned to consider the dispute and, following the outcome of the third meeting, overturned the decision of the appellate instance, which was not adopted in favor of the Principal.

The key issue was also the omission of the statute of limitation period, which opponents claimed. But here, too, the representatives of the procedural opponent suffered a crushing defeat. Lawyers of the Bureau of Lawyers “De jure were able not only to justify the absence of the omission of the statute of limitation period, but also the very impossibility of its application, since the Defendant’s abuse of his right is the basis for refusal to protect his right even if the limitation period had expired.

The interests of the Principal, who is a member of the Company, and the Company itself, were represented by N.V. Filippov, Head of MCBA “Bureau of Lawyers “De jure”, and Rashid Gitinov, Head of the corporate dispute resolution practice of the Bureau of Lawyers “De jure”.