Businessman's $4.4 mln euro claim against German company closed
MOSCOW, May 2 - RAPSI. The Moscow Commercial Court has terminated the proceedings in businessman Arkady Rotenberg's 4.4 million euro lawsuit against the German-based Deutsche Werkstatten Hellerau construction company, as the litigation does not fall within the jurisdiction of commercial courts.
The plaintiff sought to recover 447,350 euro in unjustified enrichment and 3.955 million euro in penalties from three co-defendants - Deutsche Werkstatten Hellerau GmbH, Deutsche Werkstatten D&B GmbH and Deutsche Werkstatten RUS.
Rotenberg also claimed to cancel a framework agreement and oblige the defendants to deliver the performed works worth a total of 3.1 million euro.
The court found that Rotenberg signed a framework agreement in August 2010 with Deutsche Werkstatten Hellerau GmbH through his agent Sergei Pan to design and decorate his house. The contract implied that all of the disputes will be considered by the Moscow Commercial Court.
At the preliminary hearing on April 19, the defendants filed a petition to terminate the lawsuit, claiming that the case does not fall within the jurisdiction of commercial courts.
The judge agreed with the arguments and ruled to close the case. The judge said the plaintiff acted as a private individual when he signed the agreement and was not registered as an individual entrepreneur when he lodged the lawsuit.
Rotenberg and his brother Boris own over a 70 percent stake in the Russian SMP Bank. Arkady also controls Stroygazmontazh, a major Gazprom contractor, and a number of other assets.