ILF lawyers Andriy Poddymai and Mikhail Bannov helped Volvo Ukraine keep UAH 5.5 million coveted by one of the company’s customers.
The customer left his car with Volvo Ukraine for maintenance. The company’s employees finished the job within a week as per the customer’s orders, who agreed to accept it only after testing the car. It should be noted that earlier the client removed several parts from the car, which made testing impossible. The client refused to conduct a test drive after the parts were put back and left the car at the service station for an extended period of time. When the plaintiff finally took the car away under Delivery-Acceptance Act, he went to court demanding compensation for the profits lost during that time.
The plaintiff claimed that his car could have been used for commercial purposes. ILF lawyers presented counterarguments and documents that proved that the customer’s evidence was fabricated and that he obtained it through affiliated companies in order to confirm potential income.
In addition, the plaintiff, in defiance of procedural legislation, initiated proceedings in Odessa. ILF lawyers lodged a complaint against these actions prompting the Appellate Commercial Court of Odessa Region transfer the case to Kyiv.
Legal battles in the courts of the first and appellate instances ended in Volvo Ukraine’s favor since the alleged profits weren’t backed by evidence.