Gist of the case: The claims are based on the defendant's improper performance of obligations under the supply contract, in particular, regarding payment for the delivered goods.
The court applied the following legal norms:
Civil Code of Ukraine (Articles 526, 530, 610, 612, 625), which regulate the performance of obligations, terms of performance, responsibility for breach of obligations and debt collection procedure.
Economic Procedural Code of Ukraine (Articles 240), which regulates procedural issues of consideration of cases in commercial courts.
The court emphasized the following violations of the defendant:
- Untimely payment of the delivered goods.
- Illegal withholding of payment for goods, motivated by improper reasons.
- Absence of justification for withholding payment of fines or penalties, given the presence of force majeure circumstances.
The team did a great job. We have carefully prepared all the necessary documents. They skillfully substantiated the legality of their client's demands, effectively using legal norms and contractual provisions. Thanks to our efforts, the court ruled in favor of the plaintiff, ordering the defendant to pay the debt.
More details: Court decision.