Auchan LLC appealed to the court with a request to recover from the operator of the Moskovsky shopping and entertainment complex more than 3 billion rubles. lost profits and fines. The reason for filing the claim was called “numerous violations in the SEC, which resulted in financial losses”. The retailer complained about the violation of security requirements, which is why the shopping complex was temporarily not functioning by a court decision, and the opening, contrary to the terms of the lease agreement for the farmers market. Moskovsky Ltd. has a similar claim to the distribution network - in court, the company demands to recover about 2.5 billion rubles from Auchan. for non-fulfillment by the tenant of the terms of the lease agreement. Experts ambiguously assess the prospects of the “Auchan” suit, noting that it is difficult to prove the existence of lost profits in practice, and the operation of the dispenser was suspended by a court decision.
Auchan LLC filed a lawsuit to recover from the lessor, the operator of the same name of the Moskovsky shopping and entertainment complex, Victor Sur Co., controlled by Victor Surkov, more than 3 billion rubles. in compensation for losses and fines for violating the terms of the lease agreement. This is the sixth trial between the retailer and the shopping center.
The first lawsuit in 2017, Auchan initiated, after the refusal of Moskovsky, to lower the rental rate. As stated in the case file on the court website, Auchan rents in Moskovsky part of the premises with a total area of about 14,000 square meters. According to the contract signed in 2012, the rent for the premises is $ 2.6 million. Since 2014, the rental rate has been increasing annually by 4%. Representatives of the trading network referred to the court for falling profits due to the repair of the shopping complex, changes in the parking configuration and access roads (due to reconstruction of the Moscow Highway for the World Cup in 2018. - Kommersant) and the opening of the farmers market. According to the retailer, the number of buyers in 2016 compared to 2015 decreased by 27%, profits for 2016 - by 94.61%, turnover - by 33.26%. At that time, the arbitration court disagreed with the arguments of Auchan and denied the lawsuit. Later, “Kommersant” was told in “Auchan” that the rental rate was reduced by a court decision by 50%. However, it was not possible to find the relevant document on the website of the court.
In August 2018, the operator of the TRK filed a claim for recovery of 49 million rubles from the trading network. rent arrears. The case was connected with the suspension in May of last year of the work of the SEC due to fire safety violations. Hypermarket chain "Auchan" did not work for about 80 days. The court partially satisfied the claim, determining that Auchan was forced to stop accepting visitors, and collecting only about 9 million rubles from it. After a couple of months, the tenant tried to prematurely terminate the lease agreement and leave the shopping complex, but the desired result was not achieved.
• LLC Moskovsky was established in 1996 in Samara. According to SPARK-Interfax, the company’s owner is Victor and Co. TSUK LLC. The Victor and Co Group of Companies also controls the Samara MegaCity shopping center, the Cosmoport shopping and entertainment center, the Ambar shopping center and the Gudok shopping and entertainment complex. The financial performance of "Moscow" for several years in a row deteriorate. In 2014, the company's revenue exceeded 1.230 billion rubles, in 2015 it amounted to 1 billion rubles, and a year later it decreased to 638 million rubles. In 2016, the SEC worked for the first time at a loss, it amounted to 112 million rubles. In 2017, the loss increased to 274 million rubles. Reporting for a later period is not published. SEC "Moskovsky" - one of the oldest shopping centers in Samara. The object began to function in the late 90s and at first was a covered market. The total area of "Moscow" - more than 150 thousand square meters.
In April of this year, Moskovsky went to court with a demand to recover 2.5 billion rubles from Auchan. for breach of obligations under the contract. Last week, the court assigned the case to trial. Details in the electronic file of the court yet.
The retailer responded with a new lawsuit, and as part of which, as explained to “Kommersant” in Auchan, demanded over 486 million rubles from Moskovsky. as losses in the form of lost profits for poor conditions in the SEC and 2.7 billion rubles. for stopping work from May to August. “Throughout the contract, Auchan faced numerous irregularities in Moskovsky, which resulted in financial losses. All of the above factors had a negative impact on the conditions of doing business in a shopping center, and we are entitled to demand compensation for losses, ”said Auchan. Victor and Co Group of Companies does not respond to media requests.
According to lawyers, Auchan will find it difficult to prove lost profits. “In such cases, accounting expertise is appointed, which confirms the amount of losses incurred, the amount of profit that could have been received if there were no violations. Also, “Auchan” will have to prove that the loss of profits is caused precisely by the actions of the Broadcasting Company, ”explains Galina Hamburg, head of the practice of property and liability relations of the Amulex NUS. In this case, the lawyer notes that a fine of more than 2 billion rubles. Violation of the terms of the contract may indeed be collected by the court, if such a condition is provided for by the contract. "But the question is complicated by the fact that the ban on the activities of the shopping complex was imposed by the definition of the Kirovsky District Court."