02.06.23

Advocates Bureau Yug successfully defended the interests of an international clothing retailer faced with consumer extremism.

Advocates Bureau Yug successfully defended the interests of an international clothing retailer faced with consumer extremism.

A major international clothing and accessories retailer with stores in the shopping centres of Krasnodar contacted us. At that time, there were three decisions of the district court entered into force. The funds had already been debited from the client s accounts under collection instructions. Each time the plaintiffs-consumers implemented the same scheme.

They purchased jeans and shirts in a store and discovered some defects, such as the instability of clothes paint used to paint the interior of the consumer s car. In addition to claims on recovery of costs, penalties, and fines, plaintiffs also claimed to recover losses due to damaged car interiors, the significant sums of money. Total monetary claims for each of the three cases estimate over one million rubles with relatively modest expenses of the plaintiffs on purchasing shirts and jeans from the client.

During the consideration, the court of first instance heavily violated the proceeding procedure. The court failed to notify our client properly about the court sessions and the decisions. The client learnt about cases when the plaintiffs presented writs of execution to the bank demanding to write off the funds recovered by the court. The court made all three decisions within ten days of registering the claims. Moreover, the court did not assign forensic examinations and made decisions based on overly dubious expert opinions provided by the plaintiffs at their own expense before going to court. Also, the plaintiffs, each subsequently claiming to be unrelated to the others, acted as libel tourists in the Krasnodar region. They got a temporary registration by location, aiming to create an artificial jurisdiction for the case.

During consideration, we persuaded the Krasnodar Regional Court and the Fourth Cassation Court of General Jurisdiction to consider the cases under the rules of the first-instance courts with assigning forensic examinations. As a result, none of the three plaintiffs could provide clothes and cars for experts to examine. The opponents chose to abuse procedural rights and tried to delay the process in every possible way and to change the expert companies to the ones of their choice. We managed to get the decisions of the district court cancelled, new decisions made refusing to satisfy all three claims fully, and their execution turned. The court also made the plaintiffs return the previously recovered money to our client. Thus, professional lawyers of Advocates Bureau Yug were able to destroy the new scheme of consumer extremism before it took root in the courts of the Krasnodar region.

ABY s partner Sergey Radchenko and lawyer Zakhar Khrebtov represented the client in trials.

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