THE SLUGGISH MANAGER GOT INTO LOSSES

The courts of the West Siberian Arbitration District considered a dispute on the recognition of the manager's inaction as illegal and the recovery of losses from him (case no. A45-19150/15). The creditor's secured claim was included in the register, the collateral items were sold at auction, but the manager did not transfer the money owed to the creditor for a long time.

In addition, as a result of an erroneous transfer, part of the funds was at the disposal of the organizer of the auction and was not claimed by the manager for a long time.

As a result, the funds were still transferred to the creditor (by that time the succession had already taken place), after which several applications were filed to challenge inaction and recover damages, which the court combined for consideration within the framework of one dispute.

Regarding the illegality of inaction, the courts agreed and satisfied the creditor's claims, and everything turned out to be somewhat more complicated with losses.

The first instance refused to recover damages, arguing that the amount claimed by the creditor could not be regarded as losses. The appeal motivated the definition in this part by satisfying the application.

The motivation was given as follows: "The lender is a commercial organization focused on making a profit through the use of its assets.

Inability to use such assets, including as a result of their untimely receipt. Taking into account the possibility of using money by a commercial organization for the purpose of making a profit, the Court of Appeal evaluates "the calculation of losses in the form of lost profits made on the basis of Article 395 of the Civil Code of the Russian Federation".

To say that the approach is controversial would be superfluous, but there is still a cassation.

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