The Russian logistics contractor H&M demanded 246 million rubles from the company.
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Logistikaspetstrans LLC filed a lawsuit against H&M with the Moscow Arbitration Court for the recovery of 245.8 million rubles. A logistics contractor wants money for failing to comply with a business sustainability assurance. The company is said to have relied on this assurance to purchase 50 vehicles, set up a transport base as required by the H&M tender, but the retailer eventually pulled out of the Russian market.
Oleg Mamont, the representative of the plaintiff, the head of the atLegal law firm, spoke about the requirements to the newspaper Vedomosti. “Logistikaspetstrans” requires money in accordance with Part 1 of Art. 431.2 of the Civil Code (unreliable assurances about the circumstances relevant to the conclusion of the contract and its execution).
The company believes that due to the departure of H&M, the volume of cargo transportation under the contract has significantly decreased, but it had to continue to spend money on transport. “Logistikaspetstrans” claims that these losses are directly dependent on the actions of H&M. Another loss of the Swedish firm’s decisions is lost profits.
The lawyer admits that in practice the courts more often refuse to satisfy such claims. However, he relies on the March decision of the Supreme Court on the claim of the buyer of Transtrforex. In this case, the court recognized the responsibility of the person who gave assurances that were not true.
Clothing retailer H&M has announced a decision to gradually cease operations on the Russian market in July 2022. In autumn, the company gradually closed all its stores in Russia, the flagship store in Akter Gallery closed on November 30th. Due to the departure from Russia, the annual profit of H&M fell by 68%.
How many foreign brands lost after leaving the Russian Federation – in the material “Kommersant” “Clothes were carried out at a loss”.
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