The scandalous court case of Palmira Volga LLC against beer producer JSC AB InBev Efes may put the career of another judge on the line. The Palmira company, after an unsuccessful attempt to win the litigation on appeal, is now trying to appeal these decisions in cassation.
The essence of the matter is very simple. Palmira tried to recover from the manufacturer more than 730 million rubles in incentive payments and discounts, which it allegedly spent on promoting the product. True, this desire directly contradicts the Federal Law “On Trade,” which sets the threshold for such discounts at 5% of the volume.
Moreover,
as experts commentedin the event of Palmyra’s victory, any distributor, referring to the court decision, could recover from the supplier all its costs (which are fully the commercial risk of the distributor).
Despite the refusal in two instances, Palmira did not stop in order to save itself from impending bankruptcy; in the cassation, they involved Volgograd solvers as legal partners in supporting the case.
However, there is a nuance. Nowadays such tricks with a semi-criminal overtone do not work; the case has already attracted special attention from experts and relevant authorities.
FMCG market players are watching the distributor’s attempt to sue more than 730 million rubles from the beer manufacturer AB InBev Efes.
The Samara distributor of the brewing company intends to receive money from the manufacturer AB InBev Efes for discounts and incentive payments provided to retail outlets.
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