Infralex attorney, Mikhail Gusev, commented on the determination of the Supreme Court of the Russian Federation to the Advokatskaya gazeta
The Infralex attorney, Mikhail Gusev, commented on on the decision of the Supreme Court of the Russian Federation on the dispute about the recovery by individual participants of the bankruptcy company of losses due to the rental of its premises at a low price.
According to counsel, the definition of the Supreme Court is reasonable and corresponds to the position of the highest courts formed earlier to recover losses from the controlling persons.
The expert considers that, in the absence of a study by the lower courts of such circumstances, their conclusion that the debtor had suffered loss of profits (uncollected rent payments in accordance with market rates) was improper, so that the Court reasonably referred the case for review.
"Thus, the position of the Court confirms the previously formed position on the necessity of proof on claims for recovery of losses from controlling persons of the reality of lost profits. This approach is also applicable in a situation when the transaction, which could lead to losses, is declared invalid", Mikhail Gusev summed up.