Our team has defended the interests of a major pharmaceutical distribution company against a monetary claim of nearly EUR 2 million filed by an insolvent pharmaceutical wholesaler in the Court of Appeals. The court proceedings were concluded over a period of more than two years.
The case was based on actio Pauliana, which allows a creditor to dispute the contracts made by the debtor. The claimant challenges not the contract as such, but the particular money transfers made under the contract. The case is likely to form a precedent regarding whether the money transfer itself made by the financial institution on the request of the payer can be challenged on the basis of actio Pauliana. The resolution of the issue raised by our firm’s lawyers should guarantee an effective defence in cases of rights violation by revealing who should be the due respondent under such claims.
The Court of Appeals has reviewed the case for the second time as the Supreme Court decided on 27 August 2012 to return the case to the Court of Appeals in order to investigate the factual circumstances in more detail. The Court of Appeals has rejected the claim of the counterparty while supporting arguments put forward by our firm.