The client was involved in the court proceedings as a third party. According to the client s shareholder, the losses were estimated to be 2.5 million rubles. However, the shareholder filed to provide any proof of the negative financial consequences suffered by the client or the absence of the usual business risk due to the client performing obligations established by judicial acts in various cases in the form of penalty payment of a loan obligation and court costs, decided by the court in favor of the shareholder, as well as the payment of an administrative fine. By his actions, the shareholder put the client in a risky position. The shareholder s claim created significant risks for the client that prohibited judicial protection of his rights and interests and verification of whether the shareholder s claims complied with the law by filing into the court.

The Commercial Court of the first instance fully satisfied the shareholder s claim. The client filed into the appeal court and pointed out that there was no evidence of all the circumstances in the case stipulated by law to recover damages from the former executive director.

The appeal court fully satisfied the client s appeal claim, canceled the decision of the appeal court of the first instance, and made a new decision denying the shareholder s claims. The Cassation Court upheld the decision of the appeal court and recognized it as lawful and justified. The Supreme Court of the Russian Federation refused the shareholder s appeal claim to be transferred for consideration in the Judicial Board for Economic Disputes.

ABY s associate Ekaterina Fedenko represented the client s interests.