April 3 Main results of the day

The Ninth Arbitration Court of Appeal upheld the decision of the court of first instance to dismiss the claim of the Russian company to the Principal of the Bureau of Lawyers “De jure” for the recovery of penalty for late delivery of goods, damages and court costs totaling 32 million rubles and for satisfaction of a counterclaim in the amount of over 11 million rubles. It should be recalled that the Principal is an importer of production equipment and, within the framework of the contract concluded with the Plaintiff, delivered goods of proper quality. However, the buyer considered that the supplier had violated his obligations and, despite the absence of such a right in the contract, accepted the goods for responsible storage, and evaded from signing the transfer documents for more than two months and demanded the payment of the penalty for the period of the allegedly having delay. The Bureau’s Principal did not agree with the Plaintiff’s position, considered such behavior unfair and filed a counterclaim to recover the amount of the remaining payment for the goods and penalty in accordance with the contract. When considering the appeal, the court agreed with the arguments of the Bureau’s lawyers and decided to leave the decision of the court of first instance unchanged. The Client’s interests were represented by Alexander Uchaykin, senior lawyer of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.