Legal Alliance Won Two Cases on Penalty Recovery for Undelivered Products
In October-November of this year Legal Alliance team successfully represented the interests of the distributor of medical devices for hemodialysis in three litigations regarding the recovery of penalties for undelivered products.
The dispute arose as a result of rejection by non-resident manufacturer of all requests of the Client for the supply of medical devices and complete termination of their supply to the territory of Ukraine. As a result the Client failed in the fulfillment of delivery obligations that led to penalty sanctions and further litigations initiated by the Client’s contractor in Ukraine.
In October of this year the Commercial Court of Kyiv has already ruled on the rejection of the plaintiff`s claim in one of the litigations.
However, in November the judicial scrutiny on two similar litigations was underway.
On November 22nd the Commercial Court of Kyiv ruled on the rejection of the plaintiff`s claim on penalty recovery in the second litigation.
The third case was heard by the Court of Appeal and on November 30th the Commercial Court of Appeal in Kyiv adopted court decision, that also rejected the claims.
Supervisor of the project was Natalia Lavrenova, Attorney-at-Law, Counsel of Legal Alliance.
