Highlights

On November 10, 2015, by decision of the Arbitrazh Court of the City of Moscow in case No. А40-128776/2015, the decision of the IFNS of Russia No. 21 for the city of Moscow, issued in regard to the company Alkomir, which was engaged in wholesale trade in alcoholic products, was declared invalid.

As a result of the involvement of the Office's lawyers in resolving a disputatious situation, the matter was settled with payment from SK VTB Strakhovaniye (a top 10 insurance company in Russia) of insurance compensation to the Medical Center POSEIDONIA (Larnaka, Republic of Cyprus), which had carried out expensive treatment of an insured person in the compression therapy division.

The Arbitrazh Court of the City of Moscow adopted a decision in case No. А40-101314/2015, by which a penalty in the amount of over 12 million rubles was recovered in favor of a client of the Office – a company engaged in international shipments.

The 20th Arbitrazh Appellate Court (in the city of Tula) considered an appeal by Vector Group LLC against the decision of the Arbitrazh Court of Bryansk Region in case number No. А09-751/2015 for recovery from Torgovaya Kompaniya Megapolis JSC of more than 24 million rubles in losses caused by a fire.

Jus Aureum’s lawyers upheld the property interests of the client by preventing its takeover by a front party posing as a shareholder in the company, whereby an entry on the termination of Gidroplast-Engineering CJSC could have appeared in that register and the malefactors could have illegally obtained control over its assets.

The Arbitrazh Court of the Moscow Circuit has rejected a cassation appeal lodged by Montazhspetzstroi Limited Liability Company in Case No. А40-119766/2014 opened upon an action brought by SovInterAvtoServis OJSC for the recovery of an advance payment in the amount of more than RUB 66 million following the respondent’s failure to do contracted construction work on the IVECO concern’s dealership in the Moscow Region.

The Office acted as legal consultant to Megapolis Holdings (Overseas) Limited in a transaction for the sale of a 31.8% participatory interest in the charter capital of Albion-2002 LLC (the holding company for the trading network Bristol) in favor of the subsidiary structure PJSC DIXIE Group – JSC DIXIE YUG for 1.78 billion rubles.

The Bryansk Regional Arbitrazh Court issued an award in favor of MEGAPOLIS Trading Company CJSC, confirming the approach worked out in court practice of the inadmissibility of recovering losses in the absence of general grounds of tortious liability.

The litigation (Case No. VAS-7764/13) resulted in the Supreme Arbitrazh (Commercial) Court of the Russian Federation taking a stand to allow new opportunities in Russian enforcement practice by allowing taxpayers to themselves choose the remedy to reinstate their injured rights under the circumstances, i.e. to apply to a tax authority for a refund or to reclaim the tax surplus by suing the tax agent as the debtor having defaulted under the respective civil-law obligation.

Jus Aureum has represented the key participant in Delovye Linii, the major Russian transport and logistics operator, to settle a corporate conflict