A large company, an expert in construction of energy facilities, filed a claim to the Commer-cial court of the Krasnodar region against our client. The company claimed that the con-struction contract concluded upon auction between the client and another construction company shall be recognized as an invalid one due to it is being ostensible. The plaintiff claimed that the auction was held in order to artificially reduce workload that the plaintiff had performed previously at another clients facility, and the terms of the clients contract with another contractor are technically infeasible.
We developed a legal position for the client and represented his interests in the court. We pointed out that the plaintiff has no legitimate interest in invalidating the contract, as it has not been proved that the disputed contract violated his rights. Moreover, there are different subjects of the clients contracts with the plaintiff and with the second contractor, and both the client and the second contractor fulfilled properly their obligations under the disputed contract. Thus, by claiming the plaintiff illegitimately interfered in others peoples private life, which violated basic principles of civil law.
The Commercial court of the Krasnodar region dismissed the claim on September 28, 2020. On December 14th, 2020, the 15th Appeal Commercial Court uphold the said decision. The Commercial Court of North Caucasian Federal District dismissed the plaintiffs cassation appeal on March 4th, 2021.
Senior associate Sergey Radchenko represented the clients during proceedings.Back