Our client – a former CEO of a St. Petersburg company – was sued for the recovery of losses by her former employer. Notification of the suit was not received by our client until the last day eligible for an appeal response.
The employer had recently lost a claim with the Arbitration court of St.-Petersburg and Leningrad region in which the company was ordered to pay 288 000 rubles of unjust enrichment, 912 800 rubles of penalty for failure to perform its obligations under the Service agreement as a contractor and 25 008 rubles of court fees.
According to the company and the trial court who agreed with the plaintiff in the original suit, these adverse financial consequences occurred due to former CEO’s poor management.
Aspectum represented its former CEO in the court of appeal. The Thirteenth Arbitration Appeal Court found ground to overturn the decision of Arbitration court of St.-Petersburg and Leningrad region. The Arbitration Appeal Court came to the conclusion that there were not enough evidence that company’s failure to perform its obligations under the Service contract were caused by CEO’s actions and management decisions.
The Arbitration Court of the North-West district supported this decision and dismissed the second appeal of the company.