Post by account_disabled on Mar 11, 2024 22:09:04 GMT -6
The Court of Justice of Santa Catarina (TJ-SC) confirmed that the concessionaire of Florianópolis international airport does not have the duty to exempt the minimum consideration established in the contract from the rental value due to the pandemic.
In the decision, the TJ-SC confirmed the revocation of the emergency relief granted to exempt the store owner by 100% of the value of the minimum installment provided for in the contract and which determined the opening of gates 10 onwards (embarkation and disembarkation) to facilitate the flow of passengers in front of the plaintiff's business.
In the action, the store owner Portugal Mobile Number List asked for an exemption, justifying that the pandemic, together with the stoppage of travel, made the rent excessively expensive, and therefore asked for the economic and financial rebalancing of the contract, exemption from amounts owed, as well as leave. of contractual clauses and obligations.
In its defense, the airport concessionaire stated that the drop in the flow of passengers and aircraft caused damage to everyone involved in the airport sector, and not just store owners, and that, because of this, there was no way to characterize the contractual imbalance.
In the decision, judge Rubens Schulz, unanimously supported, understood that the pandemic affected everyone in the sector, not just store owners. "The significant reduction in flights, due to the current factual circumstances and the essential air network defined by the National Civil Aviation Agency (Anac) and the airlines, harmed all parties involved in the sector, which includes the concessionaire (airport) and the assignees (retailers), whose revenues inevitably depend on the flow of passengers and aircraft", pointed out the rapporteur.
According to him, the fact that the extraordinary and unpredictable event harmed all parties involved in the contractual legal relationship, in itself, does not justify the exemption from the minimum consideration established in the contract.
The concessionaire's lawyer, Arthur Bobsin , highlighted that the possibility of the Judiciary intervening in space assignment contracts at Floripa Airport must be analyzed with caution, because the drop in the number of passengers directly interfered with the payment of fares and, without the fare , the concessionaire's revenue is limited to non-tariff revenues.
As a result, the TJ-SC understood that, with the exemption from the minimum consideration originally agreed by the parties, the airport would have to deal alone with the losses resulting from the disruption of the economic balance of the contract. In view of this, the board revoked the urgent relief granted to exempt the store owner by 100% of the value of the minimum installment of the contract and determined the reduction of the value of the consideration by 50%.
In the decision, the TJ-SC confirmed the revocation of the emergency relief granted to exempt the store owner by 100% of the value of the minimum installment provided for in the contract and which determined the opening of gates 10 onwards (embarkation and disembarkation) to facilitate the flow of passengers in front of the plaintiff's business.
In the action, the store owner Portugal Mobile Number List asked for an exemption, justifying that the pandemic, together with the stoppage of travel, made the rent excessively expensive, and therefore asked for the economic and financial rebalancing of the contract, exemption from amounts owed, as well as leave. of contractual clauses and obligations.
In its defense, the airport concessionaire stated that the drop in the flow of passengers and aircraft caused damage to everyone involved in the airport sector, and not just store owners, and that, because of this, there was no way to characterize the contractual imbalance.
In the decision, judge Rubens Schulz, unanimously supported, understood that the pandemic affected everyone in the sector, not just store owners. "The significant reduction in flights, due to the current factual circumstances and the essential air network defined by the National Civil Aviation Agency (Anac) and the airlines, harmed all parties involved in the sector, which includes the concessionaire (airport) and the assignees (retailers), whose revenues inevitably depend on the flow of passengers and aircraft", pointed out the rapporteur.
According to him, the fact that the extraordinary and unpredictable event harmed all parties involved in the contractual legal relationship, in itself, does not justify the exemption from the minimum consideration established in the contract.
The concessionaire's lawyer, Arthur Bobsin , highlighted that the possibility of the Judiciary intervening in space assignment contracts at Floripa Airport must be analyzed with caution, because the drop in the number of passengers directly interfered with the payment of fares and, without the fare , the concessionaire's revenue is limited to non-tariff revenues.
As a result, the TJ-SC understood that, with the exemption from the minimum consideration originally agreed by the parties, the airport would have to deal alone with the losses resulting from the disruption of the economic balance of the contract. In view of this, the board revoked the urgent relief granted to exempt the store owner by 100% of the value of the minimum installment of the contract and determined the reduction of the value of the consideration by 50%.