Our client, a leader in the food trade industry, held a claim of €150,000 against its customer—a company operating a supermarket in Attica. This customer proceeded to sell the store it operated to a third company, which had the same commercial purpose (asset deal). However, the transferring company, which was also our client’s customer, failed to settle its debts arising from their business relationship, as it ceased operations entirely. At the same time, the acquiring company systematically avoided assuming any responsibility for the debts of the transferring company.
As a result, we filed a lawsuit on behalf of our client against both the transferring company and the acquiring company. The legal basis of the lawsuit was the liability arising from the transfer of a business. To substantiate our claims, we conducted a thorough investigation into the factual circumstances of the transfer, ensuring their application to the relevant legal provisions. This included ad hoc application of the criteria established by case law, which are necessary for the legal basis of the lawsuit to be accepted.
The result of our lawsuit was that the opposing parties appealed to our client for an amicable resolution of the dispute. For the first time, they acknowledged and settled their debt, which they recently repaid in full.