A well-known actor lost the dispute with the managing company of an elite residential complex

On February 6, the Moscow City Court revoked the ruling by the Zamoskvoretsky District Court dated September 10 of 2012 in favour of the claimant – cinema and theater actor Andrey Sokolov. The instance of appeal took a new decision favoring the respondent – the managing company DEKRA-Stroyekspluatatsia CJSC. The court concluded that managing companies should not be held responsible for thefts in apartment buildings.

Over 12 million roubles worth of property were stolen from A.Sokolov’s flat in 2011. DEKRA-Stroyekspluatatsia CJSC managed the building, where the crime took place. The investigation discovered the culprit, and Tverskoy District Court of the city of Moscow sentenced him to imprisonment.

However, the actor decided to not demand any compensation of damages and moral damages from the culprit. Instead, he filed the respective claim against the managing company - DEKRA-Stroyekspluatatsia CJSC. The first instance court upheld the claim alleging without grounds the Law “On protection of consumers’ rights”. Aided by the Law Firm "YUST", DEKRA-Stroyekspluatatsia CJSC appealed against said ruling. The respondent pointed out that provisions on protection of consumers’ rights were not applicable to the relations between owners of premises and managing companies.

The instance of appeal agreed that the managing company was only responsible for the maintenance and operation of the building’s common property. Personal property of owners of premises in the apartment building is not part of common property. Consequently, it is not included into the area of responsibility of the managing company and the security agency. The court fully revoked the ruling of the first instance court and dismissed A.Sokolov’s claim.

Associated Partner of YUST, Advocate Alexander Bolomatov and Maxim Smirnov, Lawyer of the Firm, represented the interests of DEKRA-Stroyekspluatatsia CJSC in the instance of appeal.