Judgment in case A40-304376/19
The Arbitration Court of Moscow (decision of 10.07.2020) completely refused to satisfy the claims of JSC "AK "Transaero" to recover from JSC "IFC" unjustified enrichment under leasing agreements of two Tu-214 aircraft in the amount of 1,151 billion rubles. (Case A40-304376/19).
The plaintiff, when justifying the size of his claims, referred to the rules for calculating the balance of mutual obligations established by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 14.03.2017. However, the court in its decision pointed out that the balance of mutual obligations is not applicable in this situation. Nevertheless, the court, having examined the Plaintiff's arguments on the calculation of the submitted claims during the trial, established numerous facts of including in their amount amounts that the Plaintiff does not have the right to claim, as well as ignoring in the calculation of the amounts of damage to OJSC “Ilyushin Finance Co.” (IFC) caused by the fact of termination of leasing agreements due to the fault of JSC "AK "Transaero".
It should also be noted that this is the third trial on similar claims of JSC "AK "Transaero" (one of them was filed against a subsidiary of JSC "IFC" - LLC "IFC Asset Management"), for which the courts were completely denied satisfaction of the stated requirements. In addition to the above, this is the decision in case No. A40-231662/2019 (the amount of the claim is 854.4 million rubles), which has not been appealed, and the decision in case No. A40-302805/2018 (the amount of the claim is 9.43 million US dollars), which was confirmed by the appellate instance on 16.06.2020.