Post by account_disabled on Mar 13, 2024 3:01:14 GMT -5
Justice has been differing on the possibility of suspending contracts for the exploration of commercial spaces at airports due to the drop in movement caused by measures to prevent the spread of the new coronavirus. In Paraná, the Federal Court denied that a store failed to pay rent during the crisis. However, in Pernambuco, the state court authorized the measure.
Disclosure
The court understood that the contract at Afonso Pena airport should be reviewed, but not suspended
Reproduction
Federal judge Gerson Luiz Rocha suspended, this Monday (13/4), an injunction that guaranteed a jewelry company the suspension of its contract with Infraero to operate at Afonso Pena airport, in Curitiba, due to the coronavirus.
The 1st Federal Court of Curitiba had granted the injunction with the understanding that it is possible to suspend a contract with the public administration due to an economic-financial imbalance in the contract caused by unpredictable facts. In this way, it established that the contract would be suspended from the date of the declaration of the state of public calamity, on March 20th. The court also defined the payment of the minimum rental price for March in an amount proportional to the days of operation.
Infraero appealed the decision. Federal B2B Lead judge Gerson Luiz Rocha pointed out that the contract provides for the suspension of the company's obligations in a situation of public calamity. However, a clause authorizes the renegotiation of terms when necessary to reestablish economic-financial balance.
The economic crisis caused by Covid-19 reduced the number of flights at Afonso Pena airport, said the judge. In other words: there was a change in the economic-financial balance of the contract. However, the situation that is causing this imbalance has not only affected the jewelry store, but also Infraero, which has had its revenue considerably reduced.
In this way, Rocha assessed, it would be unfair to completely suspend the payment of rents to the federal entity, as well as allowing the company to pass on a lower percentage of revenue to Infraero even after the return to normal airport activities.
He highlighted that Infraero offered discounts and postponements to the store. And he highlighted that the company may agree to these measures, without prejudice to re-discussing them in the future. Because he did not see the probability of the right claimed by the store, the federal judge suspended the effects of the injunction that had authorized the suspension of its contract with Infraero.
Already in Pernambuco...
To protect employees and passengers, the 18th Civil Court of Recife, albeit outright, prohibited Aeroportos Nordeste do Brasil from charging companies operating at Gilberto Freyre Airport for invoices due after the declaration of a state of public calamity in Pernambuco, what happened on March 14th.
Disclosure
The court understood that the contract at Afonso Pena airport should be reviewed, but not suspended
Reproduction
Federal judge Gerson Luiz Rocha suspended, this Monday (13/4), an injunction that guaranteed a jewelry company the suspension of its contract with Infraero to operate at Afonso Pena airport, in Curitiba, due to the coronavirus.
The 1st Federal Court of Curitiba had granted the injunction with the understanding that it is possible to suspend a contract with the public administration due to an economic-financial imbalance in the contract caused by unpredictable facts. In this way, it established that the contract would be suspended from the date of the declaration of the state of public calamity, on March 20th. The court also defined the payment of the minimum rental price for March in an amount proportional to the days of operation.
Infraero appealed the decision. Federal B2B Lead judge Gerson Luiz Rocha pointed out that the contract provides for the suspension of the company's obligations in a situation of public calamity. However, a clause authorizes the renegotiation of terms when necessary to reestablish economic-financial balance.
The economic crisis caused by Covid-19 reduced the number of flights at Afonso Pena airport, said the judge. In other words: there was a change in the economic-financial balance of the contract. However, the situation that is causing this imbalance has not only affected the jewelry store, but also Infraero, which has had its revenue considerably reduced.
In this way, Rocha assessed, it would be unfair to completely suspend the payment of rents to the federal entity, as well as allowing the company to pass on a lower percentage of revenue to Infraero even after the return to normal airport activities.
He highlighted that Infraero offered discounts and postponements to the store. And he highlighted that the company may agree to these measures, without prejudice to re-discussing them in the future. Because he did not see the probability of the right claimed by the store, the federal judge suspended the effects of the injunction that had authorized the suspension of its contract with Infraero.
Already in Pernambuco...
To protect employees and passengers, the 18th Civil Court of Recife, albeit outright, prohibited Aeroportos Nordeste do Brasil from charging companies operating at Gilberto Freyre Airport for invoices due after the declaration of a state of public calamity in Pernambuco, what happened on March 14th.