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Judgment of the Presidium of the Supreme Commercial Court of 9 October 2012 № 9847/11 in the case The company “TGK № 2” vs The company “ZhEU ZAVremstroy”

Point of law: whether the person who succeeded in receiving a court decision which prescribes the review of the case on the basis of new or newly discovered circumstances may claim from the opposite party the reimbursement of his expenses for court representation?

Ratio decidendi: in the view of the Presidium, the reimbursement in such a case is possible only on the condition that the final court decision delivered as a result of the new consideration of the case was in favour of this person.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.

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All court decisions in the case

 

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