LF "Moskalenko & Partners" has won сase against PJSC "Raiffeisen Bank Aval" in the amount of 3 million UAH
20.09.2012
09.19.2012 the High Specialized Court of Ukraine for Civil and Criminal Cases decided to abolish decisions of the lower courts on the solidary collection from the borrower and the guarantor 2924 591.93 UAH and refer the case to the court of first instance for the proper analysis of the facts of the case.
The cassation appeal was based on inadmissibility of double liability under Article 61 of the Constitution of Ukraine, violation of the Law of Ukraine "On Protection of Consumer Rights", necessity of applying the limitations concerning fine and reduction of its amount considering weighty circumstances of the borrowers and brutal violation of procedural rights of defendants in the courts of previous instances.
The cassation appeal was based on inadmissibility of double liability under Article 61 of the Constitution of Ukraine, violation of the Law of Ukraine "On Protection of Consumer Rights", necessity of applying the limitations concerning fine and reduction of its amount considering weighty circumstances of the borrowers and brutal violation of procedural rights of defendants in the courts of previous instances.
