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THE COURT MUST ESTABLISH THE AMOUNT OF DAMAGES FROM THE MANAGER FOR FAILURE TO GRANT A SUBSIDY

... estate for the amount of possible subsidiary liability of the persons controlling the debtor, and also pointing to the failure of the manager to provide evidence of the impossibility of collecting funds from individuals in the appropriate amount, the courts incorrectly distributed the burden of proof, freeing the authorized body from proving the amount of damages to be reimbursed.

CASSATION REMINDED OF THE DIFFERENCE BETWEEN SUBSIDIARY AND LOSSES

The manager applied to the court for recovery of damages from the debtor's beneficiary (case no. A41-13557/21). In support of the application, it was pointed out that the defendant was the chairman of the debtor's management board, who in turn managed the apartment building. At the same time, the ...

THE CASSATION RECLASSIFIED THE SUBSIDY INTO LOSSES

... (Article 61.11 of the relevant law). As a result, the court ruled that the requirements of the bankruptcy trustee must be reclassified, without relying on the type of responsibility and the rules of law that he used in his complaint. The verdicts of the courts were canceled, and the requested damages were recovered from Popova and Selyuzhitsky. Photo: Freepik

THE ARBITRATION SPOKE ABOUT THE RECOVERY OF LOSSES FROM SHAREHOLDERS IN THE FORM OF ADMINISTRATIVE FINES

..., he pointed to the fact that the Central Bank of the Russian Federation brought the company to administrative responsibility with the accrual of fines. The courts, referring to the lack of evidence of the composition of the offense in the form of damages, refused to satisfy the claim. The Arbitration Court of the North Caucasus District annulled the judicial acts, sending the case for a new hearing. The court pointed to the fact that the company's non-payment of accrued fines does not affect the qualification of the actions of managers as losses. ...

328 MILLION RUBLES OF LOSSES: "KASSIR.RU" WILL SUE YANDEX

... 328 million rubles of losses as part of the pre-trial settlement of the dispute about the "sorcerers". If the company does not comply with the requirements by October 5, the largest ticket operator will file a lawsuit with the arbitration court. According to representatives of "Kassir.ru" "Yandex" created discriminatory conditions in the Internet query market, thanks to which the company became a monopolist. Search engine output modules ("sorcerers") were ...

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