Subject of Dispute: Return of the Statement of Claim due to Improper Execution of the Power of Attorney by an Advocate Representing the Company’s Interests in the Commercial Court.
Main Arguments of the Court: First, the advocate’s power of attorney dated 01.07.2021 does not comply with the requirements of the Power of Attorney Regulations effective after 01.01.2022, as the claim was filed on 24.06.2024. Second, the advocate did not provide a complete set of documents, including the legal assistance agreement. Third, the additional power of attorney dated 04.06.2024 also did not contain all the necessary details.
Court Decision: To leave the cassation appeal unsatisfied, previous court decisions unchanged.
Notably, the court deviated from the previous practice, which was more lenient towards formal requirements for executing advocate documents.
