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Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 9007/12 in the case The company SABMiller RUS vs The company “Aleksandrit” et al.

Point of law: whether a dispute arising out of a lease contract which was secured by suretyship of a natural person, not having the status of individual entrepreneur, may fall nonetheless within the jurisdiction of commercial courts?

Alternative attitudes: 1) a dispute in which a natural person participates may be considered by a commercial court only if such person is individual entrepreneur (the view of lower courts); or 2) such dispute may fall within the jurisdiction of commercial courts, if the natural person has an economic interest in issuing such suretyship.

Ratio decidendi: the second approach is legally correct.

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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