Proceedings on the scandalous lawsuit of Palmira Volga against AB INBEV EFES JSC have been postponed again
Distributor of alcoholic beveragesPalmyra Volga” is suing a beer manufacturer JSC “AB INBEV EFES”. The company intends to recover more than 730 million rubles in discounts and incentive payments. Earlier, the Ninth Arbitration Court of Appeal had already ruled in favor of JSC “AB INBEV EFES”.
The court came to the conclusion that discounts are the commercial risk of the distributor, and the possible discount offered by the manufacturer in the contract is only advisory in nature. And the FAS Russia limits the amount of incentive payments to 5%.
The consideration of the case was repeatedly postponed, although it was clear that the plaintiff’s claims were contrary to the provisions of the Federal Law “On Trade”. In addition, market participants were afraid of making a decision in favor of “Palmyra Volga. In such a case, distributors could use the precedent to get more from manufacturers than they decided at the stage of agreements.
On the night before the next meeting on the claim “Palmyra Volga LLC Samolet Telecom filed a complaint against the judicial acts in the case. This company was not involved in the process. However, often such complaints are aimed at disrupting the meeting and intentionally postponing the case.
It is noteworthy that the interests of Samolet Telecom LLC are represented by Irina Brzhozovskaya. She works for the law firm Klishin & Partners. Previously, Brzhozovskaya worked as a judge in the Nizhny Novgorod District Court of the city of Nizhny Novgorod. She had to leave this activity, as law enforcement officers checked her for involvement in the attempted murder of her common-law husband during a domestic quarrel.
The man was hospitalized with a penetrating stab wound in the abdomen. However, he himself said that he carelessly handled a kitchen knife while cooking, and injured himself by accident. As a result, no criminal case was initiated. Brzhozovsky was recommended for a position in the Nizhny Novgorod Regional Court, but she had to change her occupation.