IMG Partners protected the interests of the client, a subsidiary of Cune and Nagel, in a lawsuit against the regional office of the State Property Fund of Ukraine for the Kyiv region and the state enterprise "Boryspil International Airport" regarding the conditions for the conclusion of an additional agreement to the lease of state property.
SE "Kune and Nagel" from 2010, Boryspil International Airport rents a part of the hard cover in the territory of postal cargo service for the activity of documentation and cargo transportation by air transport. In concluding the text of an additional agreement on the extension of the lease agreement, the regional department of the State Property Fund of Ukraine for the Kyiv region insisted on increasing the rental rate from 18% to 40%, explaining this by increasing the rental rates for state property for brokerage offices.
IMG Partners has arguably proved that the subsidiary "Kyune & Nagel" from the moment of its creation and to this day has provided and renders services on transportation and customs clearance of cargoes and can not be considered a brokerage office. At the same time rental rates for transport enterprises, in accordance with the Methodology for calculating the lease of state property, approved by the Cabinet, did not change.
In view of this, the court ordered the regional division of the State Property Fund of Ukraine for the Kyiv region and Boryspil International Airport to conclude an additional agreement for the lease of real estate on the extension of the contract and the unchanged of all other provisions of the contract.
The case was led by Associated Partner of IMG Partners, Attorney, Elena Stohrichyn.