Russian citizen Elena Pykhonina, who lives in Germany and is registered there as an individual entrepreneur, was declared bankrupt by a German court at her request. After that, she presented her daughter with her Moscow apartment. The bankruptcy commissioner Nina Chirpke filed a petition with the Russian arbitration court to 1) declare the German bankruptcy decision, 2) invalidate the donation agreement and 3) prohibit the debtor from disposing of the disputed apartment.
The Moscow Arbitrazh Court made the following decisions on these requirements:
1) recognition of a German bankruptcy decision
The court concluded that there was reciprocity with regard to the recognition of a foreign bankruptcy process on the territory of both Germany and the Russian Federation, based on the generally recognized principles of international law and Part 4 of Art. 15 of the Constitution of the Russian Federation.
2) recognition of the donation contract invalid
At this request, the court terminated the proceedings, justifying this by the fact that the district court of Germany in respect of the disputed property of the judicial act on recognizing the donation agreement as invalid as a transaction, accordingly, the decision on the invalidity of this transaction on the territory of the Russian Federation can only be resolved within the framework of independent action proceedings , and is not subject to resolution in the order of recognition and enforcement of a final decision of a foreign court. In addition, the court indicated that the donation contract was concluded by individuals, therefore, falls within the competence of courts of general jurisdiction.
3) a ban on the debtor to dispose of the disputed apartment
Proceeding from the fact that the dispute over the right to an apartment was not resolved by the competent court of the Russian Federation, the court considered that the prohibition to dispose of the real estate belonging to the debtor, contained in the decision of the German court, contradicts the public order of the Russian Federation. At the same time, the court noted that the bankruptcy commissioner can apply for declaring the debtor insolvent (bankrupt) on the territory of the Russian Federation
Nadmitov, Ivanov and Partners Law Firm provides legal representation services in the framework of cases on the recognition and enforcement of foreign judgments, including those adopted in the framework of foreign bankruptcy procedures.