The Arbitration Court of Kaluga Region sided with the tenants of the San Mart shopping center
16.08.2011 3807

The Arbitration Court of Kaluga Region sided with the tenants of the San Mart shopping center

The Retail Trade Development Association (RTDA) continues to actively defend the interests of tenants of the San Mart shopping center in Kaluga. On August 11, 2011, the Arbitration Court of the Kaluga Region granted a motion for interim measures with the requirement to allow access to the premises to tenants of the San Mart shopping center.

Recall that from August 1 to 2011, the new owner of the Kaluga shopping center San Mart, Centrum Park Kaluga, limited access to 8 stores of well-known brands: Profi Sport, Profi Sport (shoes), Tvoe, Intimissimi, Calzedonia, “ Jeans Factory ”, Step by step,“ Letter ”. The situation of the last days remained very tense, since the operating stores of 9 brands (INCITY, Camelot, Gregory, Saints, Viking, Lady Collection, World of Bags, Coral, Diamond Holding) could be closed at any time. It should be noted that the presence of 17 brands, partners of the Retail Development Association (RTDA), was a kind of guarantee of popularity of the SUN-Mart shopping center and aroused great interest from the residents of Kaluga and the region. The new owner of Kaluga San Marta offered tenants new lease rates that exceeded the previous 7-10 times, and decided to revise the terms of the lease agreements, thereby violating the terms of the long-term lease agreements concluded with CJSC Centrum Park Kaluga. 

Defending the rights of its partners, RTDA filed a lawsuit against CJSC Centrum Park Kaluga in the arbitration court of the Kaluga Region. The application is currently pending.

Earlier, the RTDA Retail Development Association, together with partners, acting as a representative of the collective interests of tenants, won a lawsuit against Centrum Park Kaluga and defended the rights of San Marta tenants to state registration of long-term contracts. The court recognized the actions of the new owner of the shopping center as illegal and ordered CJSC Centrum Park Kaluga not to impede the state registration of already concluded long-term agreements.

The good news for tenants is that, according to RTDA statements, since August 11, 2011, the Arbitration Court of the Kaluga Region has banned ZAO Centrum Park Kaluga from taking actions related to the eviction of tenants and employees from the leased premises under lease agreements and preventing free access to these premises. Tsentrum Park Kaluga is also prohibited from disconnecting electricity and water supply in the premises of tenants, partners of RTDA.

The Retail Trade Development Association (RTDA) continues to actively defend the interests of tenants of the San Mart shopping center in ...
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