26/07/2017

The experts of the Judicial Practice have managed to secure a favorable judgment for the client within the corporate dispute

The client of the firm acted as a defendant in the dispute, which concerned attempts to restore corporate control at a large industrial enterprise in Saint Petersburg.

The experts of the Judicial Practice at Pavlova & Partners have managed to secure a favorable judgment for the client in the court of first instance. The client of the firm acted as a defendant in the dispute, which concerned attempts to restore corporate control at a large industrial enterprise in Saint Petersburg, as well as to challenge the transactions with shares and recover damages of 600 million rubles.

In this case, the court had to answer ambiguous legal questions about the start of calculation of the period of limitation for corporate disputes. Currently, the practice on this matter is contradictory. The theory of civil law also provides opposing views.

The court also had to answer the question of whether shareholders have the right to demand the restoration of not real, but "hypothetical" corporate control. The position of the plaintiffs was that they could gain control over the enterprise if the shares were not sold to other persons at a lower price.
In addition, the plaintiffs tried in the same case to challenge transactions with shares and collect damages from the company's General Director in the amount of 600 million rubles. During a long trial, the court of first instance denied the plaintiffs the claims agreeing with the defendant' position on missing the period of limitation, improper way of protecting the right and the absence of signs of bad faith in the actions of the head of the enterprise.

The case was handled by Sergei Soldatenko, Court Project Manager at Pavlova & Partners.

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Ирина Кошечкина

Юрист