February 19. We defended an extension to the Client’s building or a long victory story in court.

The client was a tenant of the municipal premises for a long time, and then bought it out under the pre-emptive right according to the law. The building, built back in Soviet times for domestic services for the population, has been used for shops and objects of services for many years. And now there is a supermarket there.

To optimize the use of the building, even during the lease, the client reconstructed the loading/unloading area, including the so-called landing stage (platform), which is an auxiliary room. However, Moscow City Property Department initially refused to recognize this design as auxiliary, and the issue had to be resolved through the court, the decision was made in favor of the Client.

Despite the already adopted court decision, Moscow City Property Department unexpectedly put up an auxiliary facility for auction and sold it to another entrepreneur. This forced us to go to court again – this time with a claim for recognition of trading invalid.

Konstantin Tkachenko, a lawyer and Head of the legal support practice for entrepreneurship, conducted a difficult struggle in the courts of three instances. If the court of first instance refused to satisfy the claim, the appeal and cassation fully supported Konstantin’s position.

As a result, the client retained the right of pre-emptive purchase of auxiliary premises. This is another example of perseverance and professionalism in protecting the interests of clients by our lawyers.