Foreign companies. The arbitration court suspended the execution of the decision due to anti-Russian sanctions.
Arbitration courts have begun to apply the fact of participation of foreign companies in the sanctions as a legal circumstance that affects the outcome of the case. Thus, in case A40-149699/2021, the Moscow Arbitration Court granted the petition of the defendant, a Russian organization, who lost in two instances, to suspend the execution of the judicial act. Her opponent was a company that is part of the Seimens AG concern, which supported the sanctions against the Russian Federation. However, the participation of the plaintiff's parent company in the sanctions was not the only ground for granting the petition.
The Russian company Kantreva lost a lawsuit for unjust enrichment in the amount of more than 7 million rubles to OOO Siemens Energetika, the Court of Appeal upheld the decision. When filing a cassation appeal, the defendant also received a motion to suspend the execution of the penalty. In support of their request, they state the following facts:
- the parent company that controls the actions of the plaintiff organization is Seimens AG, which actually supported the sanctions against Russia by refusing to fulfill current obligations, which inevitably leads to the bankruptcy of the enterprise;
- at the end of 2020, the plaintiff's company did not receive actual profit, according to the reporting documents, net profit had a negative value (- 113.5 million rubles). Moreover, based on the audit of the organization, it was found that the value of net assets is less than the value of the minimum authorized capital established by law.
Thus, the financial position determined from the financial statements indicates, in the auditor's opinion, the likelihood of the debtor initiating bankruptcy proceedings on his own decision.
Judge of the Arbitration Court of Moscow Marina Gorshkova decided to grant the defendant's petition. She indicated in the reasoning part of the judicial act that the plaintiff's financial situation raises doubts about the possibility of reversing the decision if the cassation court cancels the decision of the first two instances in the case.
This is not the first decision in which there is a reference to sanctions against Russia. On March 3, 2022, the Arbitration Court of the Kirov Region refused to recover compensation from an English company for infringement of exclusive rights to trademarks in a lawsuit against a Russian entrepreneur, citing anti-Russian sanctions and the inclusion of Great Britain in the list of countries unfriendly to the Russian Federation.
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