THE SUPREME COURT WILL REMIND ABOUT THE POSSIBILITY OF CHALLENGING THE REJECTION OF THE CLAIM AS A MAJOR TRANSACTION

The plaintiffs filed a lawsuit to challenge the contract of sale of real estate concluded between the company (one of the plaintiffs) and the defendant.

The court of first instance satisfied the claim because, as the court indicated, the transaction was large, the sale of property was carried out at a reduced price and in the absence of approval of the company's shareholders.

The higher courts accepted the plaintiffs' refusal from the claim and terminated the proceedings in the case.

The person who was not involved in the case appealed to the Supreme Court of the Russian Federation with a complaint, in which he noted the abuse by the plaintiff of his right to the fact that when rejecting the claim, the courts did not take into account the explanations according to which the rules on the procedure for making large transactions and transactions with interest.

The applicants point out that as a result of the refusal of the claim, the company lost expensive property that allowed it to conduct economic activities, for obvious abuse of the right.

The complaint has been submitted to the board for consideration, the date of the meeting is November 28, 2023.