In order to make the customer fulfill the contract, we filed a lawsuit on recovery of penalty for the delay in the performance of their obligations into the Krasnodar Region Commercial Court. We justified as follows: financing of the project was not terminated, the contract is still valid, which means the customer must execute it, as the customer fails to prove absence of their guilt in breaching the contract. Moreover, we have justified that the penalty was economically reasonable and accurately accrued with 20% VAT. We also justified that it was possible to accrue the penalty for entire price of the contract without the previously paid advance payment. While objecting to the arguments of the customer, we also justified that the case was under jurisdiction of the Krasnodar Region Commercial Court.

Upon considering the case, on June 6th, 2022, the Krasnodar Region Commercial Court satisfied the clients lawsuit and recovered 311 766 484 RUB from the customer for less than three months.

ABYs Managing partner Yuri Pustovit and Senior associate Sergey Radchenko represented the clients in the court of first instance.