The amount of the accrued multimillion-dollar penalty remains unchanged after the decision is made

Consumers have the right to recover penalties exceeding the damage. In 2016, Nikita Ignatiev filed a lawsuit about the malfunction of the Nissan Juke car, winning the case in the Supreme Court of Russia. The court recovered more than 2 million rubles from the car plant.

According to Anna Yakovleva, Senior Associate of the Duvernoix Legal Dispute Resolution and Bankruptcy Practice, despite the apparent injustice of the judicial act against the car plant, the behavior of the consumer and individual entrepreneur is not an abuse of law.

"To avoid such a situation, the company had to pay the corresponding amount to the consumer, without waiting for the bailiff's appeal. This could be done, for example, by depositing with a notary, by bank transfer or postal transfer. Failure to comply with the court decision of 2017 for three years indicates unfair behavior of the car plant, which is an argument in favor of refusing to reduce the penalty," the lawyer explains.