10/6/2021
In a lawsuit filed against a shopping mall, a travel and tourism company claims exemption from the payment of amounts established in the contract between the store and the mall. The request for exemption from payment of contractual fine and condominium was justified by the effects of the Covid-19 pandemic, which stopped its activities.
In the decision, the Judge concluded that the store cannot be required to pay the agreed-upon cash benefits, in view of the fact that its commercial activities have been discontinued as determined by the government.
In this sense, the Judge decided that the mall can only charge proportionally the amounts due until the outbreak of the pandemic. The store is now exempt from paying the contractual fine, the minimum rental value, the condominium and air conditioning expenses.
This lawsuit No. 1014316-21.2020.8.26.0577 is in progress before the 3rd Civil Court of São José dos Campos/SP.
Author: Ricardo Castro Ramos
