This puts an end to a long-standing dispute between a foreign investor and an unscrupulous dealer. The Supreme Court confirmed the unlawfulness of the Judgment as taken by the court of first instance to recover UAH 123 million from Scania* Ukraine.
Let us recall the Case chronology:
- At the end of 2019, one of Scania’s dealers filed a claim against the Company to recover UAH 123 million as allegedly lost profits and service fees.
- In September 2020, a judge of the Commercial Court of Kyiv Region allowed the Claim in full, despite the absolute lack of evidence.
- Within a week, the judge, who had adopted the controversial decision, resigned preventing the High Judicial Council from opening proceedings based on the Scania complaint against her.
- Case became widely known: it was monitored by the Verkhovna Rada, Ministry of Justice, the Swedish Embassy, business community representatives and media.
- The appellate court, composed of various panels, has considered the Scania appeal against the above Judgment for 8 months.
- In June 2021, the Northern Commercial Court of Appeal overturned the Judgment as taken by court of first instance.
- In August 2021, Scania Ukraine’s opponents filed a cassation appeal with the Supreme Court.
- On October 20, 2021, VB PARTNERS’ lawyers once again proved that the dealer’s claims were completely unfounded and far-fetched.
Project was implemented by lawyers Oleksandr Lukianenko and Stanislav Yena.
*Scania is one of the first foreign investors in independent Ukraine. It is part of TRATON GROUP uniting the brands of Scania, MAN and Volkswagen, Caminhões e Ônibus, and is the world’s leading supplier of trucks, buses and heavy-duty engines.