24 november 2015

Jus Aureum succeeded in having an Arbitrazh Court levy a fine of 100,000 rubles for a construction company's failure to implement a court decision

Upon the application of lawyers from Jus Aureum, the Arbitrazh Court of the City of Moscow levied a judicial penalty on a company that had not returned debt to the plaintiff in the course of the year after it was sentenced to do so by a decision of the court which entered into legal force in case No. А40-119766/2014. 

The interests of the plaintiff in the court hearing were represented by senior lawyer Nikita Shcherbakov. 

The fine recovered into the budget on the basis of Article 332 APC RF, as a form of liability for the debtor's failure to implement a judicial act, forms one of the instruments of indirect enforcement, along with the institution of indexation (Article 183 APC RF). 

The failure to implement a judicial act of an arbitrazh court constitutes an ongoing legal infraction. It gives plaintiffs the opportunity to file applications with the arbitrazh court for the levying of a judicial fine multiple times without bearing the expenses for payment of state duty.

 

This press release has been mentioned in the CEE Legal Matters' article. Please click HERE to view it.