LEGRANT has defended the lease right to property of one of the largest stevedores in the port of OdessaMay 21, 2021 · News
Legrant’s lawyers defended the Client’s interests in the dispute with SE "Odessa Port" (Port) on lease agreement for public movable property.
Legrant’s Client, grain terminal, leases portal cranes and other movable property in the port of Odessa. In February 2021, the Port filed a claim for termination of the contract to the Commercial Court of the Odessa region. The Port relied on the provisions of the Civil and Commercial Codes.
At the same time Legrant’s lawyers prepared position of the defense and justified the absence of grounds for termination of the lease right.
Court agreed with Legrant’s arguments, namely: the lease of state property cannot be terminated if there are no grounds for it under the contract or according to the Law of Ukraine "On the lease of state and municipal property". The last one takes precedence over the more general norms of civil and commercial legislation in controversial relations.
Furthermore, together with the Port of Odessa the lessor under the contract is SE “Ukrainian Sea Ports Authority” (Authority). Legrant’s lawyers proved that the both lessors should agree to terminate the contract. However, Authority has not announced such intentions.
Thus, the grain terminal retained the right to use the property.