THE SUPREME COURT OF THE RUSSIAN FEDERATION BANNED CIRCUMVENTING RES JUDICATA (AGAIN)

The Company filed a lawsuit to recover an overpaid fine from the customer under the contract (case no. A40-214074/21). The courts of three instances granted the claim, the Supreme Court of the Russian Federation refused to satisfy the claim, noting the following:

"The court's decision, which entered into force, has already considered the company's claim to recover unjustified enrichment from the customer, as which the same overpaid fine was presented, which the company requested in the framework of this case.

Since the dispute over the recovery by the company of a fine paid, in the opinion of the company, in an excessive amount, has already been previously resolved in another case (regardless of whether the company has claimed a reduction in the fine under clause 1 of Article 333 of the Civil Code), the company cannot obtain a positive result for it in this case."

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