The Court of Ukraine recognized the decision of the German court and allowed it to be enforced (voluntary enforcement) in Ukraine by approving a settlement agreement between the parties

The Court of Ukraine recognized the decision of the German court and allowed it to be enforced (voluntary enforcement) in Ukraine by approving a settlement agreement between the parties. According to the settlement, the debtor has committed himself to voluntarily fulfill the payment obligation and the debt collection agent for his part to reduce the obligation. The resolution has come into force. The decision was not challenged and fulfilled on the day of its adoption.

Case № 296/8226/17

2-k / 296/2/19

Courts Decision

on the recognition of the settlement agreement in the case of recognition and enforcement of the decision of the court of Germany (on recognition and enforcement of the foreign court’s decision)

“18” January 2019, Zhytomyr

Royal District Court of Zhytomyr composed of:

presiding judge Singaivsky O.P.

with the participation of the Secretary of the court session Chetvertukha OO,

considering a civil case in open court’s proceeding in the courtroom of Zhytomyr

at the request of Kravag-Logistic Verziherungs-AG for permission for recognition and enforcement the decision of the court of the German Federal Republic (Germany) in Ukraine of March 27, 2015 in case  № 8О225/13 on the claim of Kravag-Logistic Verzicherungs-AG to Dave Express on compensation of damages, caused during the transportation of cargo and attorney’s extrajudicial costs,

DEFINED:

10/19/2017 Kravag-Logistic Verzicherungs-AG appealed to the Royal District Court of Zhytomyr with a request, in which its representative requests: “Recognize and grant permission to enforce the decision of the district (district) court of Darmstadt, Federal Republic of Germany from 27 March 2015 in case № 8О225/13 on damages caused during the transportation of cargo and attorney’s extrajudicial costs, namely: to recover from Dave Express LLC in favor of Kravag-Logistics Verzicherungs-AG: EUR 41,794.05 damages caused cargo; EUR 1,307.81 in extrajudicial legal expenses; 5,733.43 euros in court costs. ”

The judge’s decision of November 7, 2017 appointed a trial of the application of Kravag-Logistic Verzicherungs-AG for recognition and enforcement of the foreign court’s decision (decision of the court of Germany)

During the trial, on January 18, 2019, Dave Express LLC and Kravag-Logistics Verzicherungs-AG submitted a statement to the court on concluding an settlement agreement, in which the parties ask to recognize their settlement agreement and close the proceedings.

The parties sent to the court a statement of the case in their absence, asking to approve the settlement agreement.

After examining the settlement agreement and the case file, the court considers that the statement of Dave Express LLC and Kravag-Logistics Verzicherungs-AG is subject to satisfaction, as the terms of the settlement agreement do not violate the rights and interests of the parties and other persons.

According to Part 1, Article 2, Article 207 of the CPC of Ukraine, an settlement agreement is concluded by the parties in order to resolve the dispute on the basis of mutual concessions and should relate only to the rights and obligations of the parties. In an settlement agreement, the parties may go beyond the subject matter of the dispute, provided that the settlement agreement does not violate the rights or legally protected interests of third parties. The parties may enter into an settlement agreement and notify the court by making a joint written statement at any stage of the proceedings.

According to Part 4 of Article 207 of the Code of Civil Procedure of Ukraine, the settlement agreement concluded by the parties is approved by a court decision, in the operative part of which the terms of the agreement are indicated. Approving the settlement agreement, the court by the same decision simultaneously closes the proceedings.

In accordance with Part 3 of Article 207 of the CPC of Ukraine, before the court decision, in connection with the conclusion of an settlement agreement, the court explains to the parties the consequences of such a decision, checks whether the parties are limited to take appropriate action.

As can be seen from the submitted joint statement, on January 18, 2019, Dave Express LLC and Kravag-Logistics Verzicherungs-AG concluded an settlement agreement, which concerns only their rights and obligations, and does not go beyond the scope of the petition, and therefore does not violate rights of third parties.

From the content of the settlement agreement it is seen that the parties to the case are aware of the consequences of concluding an settlement agreement along with the recognition and enforcement of the decision of the Germany court in Ukraine (on recognition and enforcement of the foreign court’s decision in Ukraine).

Taking into account the above and the requirements of applicable law, the court considers that the settlement agreement concluded between the parties meets the requirements of applicable law, and therefore may be approved by the court in the prescribed manner.

Given that the settlement agreement does not contradict the current legislation of Ukraine and is concluded in the interests of both parties who filed the application, compliance with the terms of the settlement agreement does not violate the interests of others; the court considers it possible to approve it, along with the recognition and enforcement of the foreign court’s decision in Ukraine (decision of the court of Germany).

The settlement agreement is attached to the case file.

Guided by Article 207 of the Code of Civil Procedure of Ukraine, the court:

HAS DECIDED AS FOLLOWS:

In a civil case № 296/8226/17 2-k / 296/2/19 on recognition and enforcement of a foreign court decision in Ukraine (German court decision) at the request of Kravag-Logistik Verzicherungs-AG on the issuance of a permit for enforcement of a decision of a court of the German Federal Republic in Ukraine dated March 27, 2015 in the case № 8О225/13 on the claim of Kravag-Logistics Verzicherungs-AG to Dave Express LLC for damages caused during the transportation of cargo and attorney’s extrajudicial costs –

– to recognize the settlement agreement concluded on January 18, 2019 between the Limited Liability Company “Dave Express” represented by the General Director PERSON_1, EDRPOU code 22053439, address: 10007, Zhytomyr, Kyivske Shosse, 143-A (hereinafter Party 1) and Kravag-Logistic Verzicherungs-AG in the person of PERSON_2, address of location: Federal Republic of Germany, 60486, Frankfurt am Main, Foltstrasse, 84 (hereinafter Party 2)

1. Party 1 shall pay the debt to Party 2 in case № 8О225/13 in the amount of EUR 28.500,00 (twenty-eight thousand five hundred). For the rest of the debt, the obligation is terminated.
2. The Parties agree that the amount of repaid debt of Party 1 specified in paragraph 1 of this agreement is final and cannot be increased.

3. The Parties have agreed to terminate the obligation of Party 1 to Party 2 in terms of payment of any losses, penalties, and 3% per annum, the amount of inflationary increase in debt arising from the debt.

3. Settlement agreement is concluded in three copies, which have the same legal force, one copy for Party 1 and Party 2, as well as for the Royal District Court of Zhytomyr.

5. The parties fully understand the content of this settlement agreement, understand its terms and purpose and confirm that all the terms of this settlement agreement correspond to its actual expression of will and interests and give rise to the consequences specified in the text of this settlement agreement.

6. The consequences of the approval of this settlement agreement to the parties are known. The parties are acquainted with the provisions of Article 207 of the CPC of Ukraine.

7. The parties confirm that the persons who signed this agreement on behalf of the Parties have all the necessary powers to sign this settlement agreement and do not have any reservations and / or restrictions on such powers and / or their legal capacity and / or legal capacity.

8. Settlement agreement enters into force after signing it by the Parties and approval by the decision of the Royal District Court of Zhytomyr.

Proceedings in a civil case № 296/8226/17-2-k at the request of Kravag-Logistic Verzicherungs-AG for permission to enforce the decision of the court of the German Federal Republic in Ukraine of March 27, 2015 in case № 8О225/13 on the claim of Kravag-Logistic Verzicherungs-AG to Dave Express LLC for compensation of damage caused during transportation of cargo and attorney’s extrajudicial costs –  shall be closed.

The decision of the court of first instance may be appealed.

An appeal against a court decision shall be filed with the Zhytomyr Court of Appeal through the Royal District Court of Zhytomyr within fifteen days from the date of promulgation of the decision.

Judge O.P. Singaivsky