10.12.21

Advocates Bureau Yug Successfully Defended a Mineral Water Exporter Against Claim on Reputational Loss and Damage

Advocates Bureau Yug Successfully Defended a Mineral Water Exporter Against Claim on Reputational Loss and Damage

Our client exports mineral water, which he buys from suppliers in Caucasian mineral waters. Rostov customs detained several shipments due to strange protected designations of origin (PDO) water labels. According to the customs statements, the Rostov Region Commercial Court found the client guilty of 10 case, where POD rights were violated, and imposed a fine on the client.

The client filed an appeal to the Stavropol Region Commercial Court against the water supplier. The client claimed to recover the fines imposed as damages. The supplier filed a counterclaim against the client, asking to recover reputational damage, caused, allegedly, by the fact that the client did not involve the supplier in the cases considered by the Stavropol Region Commercial Court. The court declined the clients claim and satisfied the suppliers one. Upon making the decision, and at the suppliers request, the court took measures to ensure the decisions enforcement and seized the clients property in the amount of recovered damages.

We took the case after the court made the decision. We prepared appeals against the decision and enforcement measures. The Sixteenth Commercial Appeal Court canceled enforcement measures at first hearing and proceeded to consider the case under regulations of first instance courts. On November 24, 2021, the court made a resolution canceling the decision of first instance court, canceling the initial claim and counterclaim.

Senior associate Sergey Radchenko and associate Ekaterina Fedenko represented the clients interests in the appeal court.

Back