19.05.20

Advocates Bureau Yug successfully de-fended the Russia’s major manufacturer of oriented strand boards in the Fourth Cas-sation Court of General Jurisdiction

Advocates Bureau Yug successfully defended the Russias major manufacturer of oriented strand boards in the Fourth Cassation Court of General Jurisdiction

In this case our opponents decided to throw a simulated litigation challenging the transaction and the assignment of rights between two controlled entities to obtain a court decision that established that our client owned a debt of 431 million RUB to the plaintiff. Our client was involved in this case as a third party, in order to spread the legal force of a court decision.

The Novorossiysk Oktyabrsky Court dismissed the claim but obligated the client to pay 431 million RUB to the plaintiff. The Krasnodar Regional Court upheld the deci-sion.

On August 12, 2019, the Judicial Division for Civil Cases decided as follows: to cancel the appeal ruling of the Krasnodar Regional Court and return the case for a new consideration.

On December 3, 2019, during new considera-tion, the Krasnodar Regional Court upheld the ruling. It also pointed out that the reason-ing part of the decision should exclude indica-tions regarding the client being in debt to per-sons controlled by our opponents.

Our opponents filed a cassation claim against the said ruling. The Fourth Cassation Court of General Jurisdiction upheld the ruling on May 19th, 2020.

Senior associate Sergey Radchenko represented the client in the Krasnodar Regional Court.

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