December 17 Main results of the day

• The Arbitration Court of the Krasnoyarsk Territory has resolved a corporate conflict between the board of directors and the general director of a large regional enterprise.

The Bureau represented the interests of the members of the Board of Directors against the general director, who exceeded his statutory powers by making a decision to change the organizational structure of the company, contrary to the decision of a higher management body.

During the trial, our opponents insisted on the legality of the decision taken, citing the wide range of the director’s powers and the inadmissibility of their limitation. However, the court sided with us and considered the violation of subordination in management to be sufficient grounds for recognizing the director’s decision as illegal.

The Client’s interests were represented by Yakov Prisyazhnyuk, Head of Economic Dispute Resolution Practice at the “Bureau of lawyers “De jure”.

• The Moscow City Court protected the Principal from repayment of non-existent debts.

One of our Principal’s former business partners was declared bankrupt, after which his arbitration manager discovered that in 2007 the debtor had made a bank transfer specifying the details of the loan agreement in favor of our Principal. Having interpreted this circumstance as the fact of the loan being issued, the arbitration manager filed a claim in the amount of more than 69 million rubles.

By the time we entered the case, the courts of first and appellate instance had ruled against our Client. However, in the cassation court and during the new trial of the case in the court of first instance, we were able to prove that the mere indication of the loan agreement details in the bank transfer order does not indicate the emergence of the corresponding contractual relationship between the parties. And since neither the agreement itself, nor the receipt, nor any other evidence of the existence of loan obligations were presented by the arbitration manager, and at the same time, on our part, on the contrary, evidence was presented that refuted the borrowed nature of the obligations between the parties, the court of first instance, upon reconsideration of the case, justly denied the arbitration manager’s claim in full. Now the appellate court has also agreed with this, which means that justice has finally been fully restored.

The Client’s interests were represented by Yakov Prisyazhnyuk, Head of Economic Dispute Resolution Practice at the “Bureau of lawyers “De jure”.