ARBITRATION COURT OF THE MOSCOW REGION: COURTS ARE REQUIRED TO READ OUT COUNTERCLAIMS

A contract of carriage was concluded between the parties. The plaintiff appealed to the court with a demand to collect payment under the contract. The defendant filed a counterclaim for the recovery of a fine for late delivery of the cargo (case No. A40-210455/2022).

The courts of two instances satisfied the claim, and the counterclaim was returned. They argued their decision by the fact that the proper performance by the plaintiff of his obligations under the contract was proved, no comments were presented to him, and all accompanying documents were sent to the defendant. Consideration of the counterclaim, in the opinion of the court, is not only not justified by the actions of the defendant under the contract, but also will not lead to the fastest and most correct consideration of the case. At the same time, the courts reminded the defendant that he could apply to the court with an independent claim.

The Court of Cassation decided to cancel the acts of the lower courts and sent the case for review. The cassation explained: the defendant presented arguments about the violation of obligations on the part of the plaintiff and supporting documents. However, the courts did not investigate them in principle. At the same time, it follows from the counter nature of the contract that in case of improper performance of its obligation, the plaintiff cannot claim the amount that he could have counted on if he had fulfilled this obligation properly.

The cassation drew attention to the need to study all the arguments and evidence of the parties during the retrial of the case in the court of first instance. The district court, in particular, pointed to the possibility of recalculating the defendant's debt in a credit order.