The Court is convinced: the assets that were in the territory of the bankrupt company belong to the client

Our Dispute Resolution team defended UAB Agrofertis against a claim amounting to EUR 3 901 822, in which the competitor sought to convince the court that assets in the territory seized by a third party could not belong to the client.

After three years of dispute, it was possible to prove that the action brought against the client for the establishment of the right of ownership of the property, the determination of the rights of claim and the award of sums under them, and the declaration of invalidity of the transactions is unfounded. The complexity of the dispute was due not only to the abundance of claims but also to the bailiff’s actions made before the case.

The opposing party took all procedural steps to delay the case and mislead the court. However, after more than ten hearings and a couple of thousand pages of analysis of the case file, the Court of Appeal ruled in favor of the client. Recalling, among other things, that civil procedural institutes such as the collection of evidence or the award of expertise do not constitute a means of returning to the Inquisition Process. The court expressly supplemented the case law in that regard by stating that, at the time the proceedings are initiated, the applicant must self-assess and assume the risk of not being able to substantiate the facts relevant to the case.

Due to the unreasonableness of the claims, we strongly believed in the positive outcome of the case. Regardless, we did not risk relying solely on the rules of allocations of the burden of proof.

Experience