Ninth arbitration appellate court cancelled the decision of subordinate arbitration, which set a lower dollar against the ruble for the calculation of the rent under the claim “VympelCom” to the owner of the business centre “the Hermitage Plaza” — the company “Tizpribor”, reports RAPSI.
In late 2015 the Moscow Arbitration court decided in favor of “Vymplekom”. Mobile operator sought a judicial review of the terms of the lease agreement that was previously concluded with the company “Tizpribor”, and currency conversion rents in rubles at the rate of from 30 to 42 rubles per dollar. In confirmation of his innocence in “VimpelCom” referred to article 451 of the civil code, under which material change of circumstances may be grounds for modification or termination of the agreement between managing subjects of the contract.
“We could not imagine and in 2006 and 2009, policy will change the Central Bank. In 2014, the Central Bank’s policy has changed. And the Bank of Russia abolished the regulatory mechanisms of monetary policy, which he professed. We attribute the presence of significant circumstances exactly with the position of the financial authorities”, — said the representative of “VimpelCom”.
In its decision, the Ninth arbitration court pointed out that the increase in the foreign exchange rate in itself cannot be regarded as a substantial change of circumstances sufficient to modify or terminate the agreement in court. “According to paragraph 1 of article 2 of the Civil code of the Russian Federation, the entrepreneurial activities are undertaken at your own risk. Therefore, the risk of change of circumstances should be held interested in changing the disputed contract party, in this case — public joint stock company “Vimpel-Communications”, — stated in the decision.
At the same time, the court found it possible to amend the agreement on the basis of observance of balance of interests of the parties.
The representative a press-services “VympelCom” have refused comments.