JUDICIAL PRACTICE – 2019-2020: KEY CASES

The courts decided that subsidiary liability is an independent type of liability of the controlling person for breach of the obligation to act in good faith and reasonably. They also confirmed that registering a generic drug three years before the patent term expires is a risk of violation. The courts also recognized the prenuptial contract, made several months before bankruptcy as invalid.

Recovery of damages from the management of PJSC Promsvyazbank

PJSC Promsvyazbank claimed damages amounting to 282 billion roubles for conclusion loss-making transactions from its former co-owners Alexey and Dmitriy Ananyev as well as from 15 top-managers.

The representative of Mr.Ananyev, the partner of the Law Firm “Kovalev, Tugushi & Partners”, Dmitry Tugushi stated that PJSC Promsvyazbank was not entitled to claim termination of the contract between third parties since the Bank was not the creditor of the defendant. However, the court upheld the applicant's claim, but refused to transfer the assets back to joint ownership.

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