Representing a large German retailer in disputes with an unfair contractor (the total amount of submitted and potential claims is more than 1,1 billion rubles)

The counterparty (a merchandising company) refused to pay the Client for additional arrangement of goods and collected the money from the supplier (manufacturer) of goods in another dispute in which the Client was not involved. The counterparty also filed a claim for recognition of the contract with the Client as a sham transaction since the services were allegedly provided by the counterparty independently. Lawyers of the firm during the dispute: 1) Convinced the court of appeal of the existence of the ordinary business practice of payment under unilateral acts between the parties, so that the court recovered 92 million rubles in favor of the Client; 2) Achieved the Client's involvement into a related dispute as a third party at the appeal stage, despite the fact that it was not mentioned in the text of the court’s decision; 3) Achieved the cancellation of the first instance court’s decision in a related dispute, which negatively affected the Client's money recovery dispute; 4) Prevented the recognition of the contract with the counterparty as a sham transaction and, as a result, the restitution of the money received under the contract in the amount of more than 1 billion rubles. The judicial act of the appellate instance within this project is significant as it expands the possibilities of parties in good faith in defending their interests. Also, as part of the dispute, the court emphasized the difference between merchandising services and services for the display of goods, what plays an important role for the industry.