Ingresar
The ongoing action filed by Soccerex against the State Government of Rio de Janeiro
By Marcelo Mazzola & Nathalia Ribeiro, Danneman Siemsen
In short, the Governor of Rio de Janeiro, under great popular pressure, decided to cancel the last edition of Soccerex’s Global Convention (that had happened in previous years – 2010, 2011 and 2012), breaching the agreement signed by the parties.
Besides the material damages (actual damages and lost profits), the government issued an official statement blaming Soccerex for the cancellation, which also caused moral damage to the company.
On February 22nd, after almost three years of a judicial battle, the 8th Public Treasury Court of State Court of Rio de Janeiro rendered a ruling granting Soccerex’s claims and recognizing that the breach of Soccerex’s Global Convention Agreement had been the Government’s exclusive fault.
In addition, the Judge condemned the Government to pay damages to cover lost profits related to Soccerex’s Global Convention, especially damages related to unrealized sales of packages for participation in the Convention and to contracts already signed between Soccerex and its clients to participate in the Global Convention that have not been reallocated for following years.
The indemnification amount will be estimated by an Expert in execution proceedings, according to above criteria and information provided by Soccerex.
On the other hand, the first instance decision rejected the indemnification pleas regarding actual damages (airline tickets, hotel rates, loan interest, etc.) and moral damages. Regarding moral damages, the Judge considered that all the information published in the press linked the event’s cancellation to a political decision taken by State Government, without blaming or challenging Soccerex’s reliability.
The ruling can still be appealed and, if it is confirmed by the State Court, it will be an important precedent against the State of Rio de Janeiro regarding breach of contract.
Dannemann Siemsen
Recognised as leaders in Intellectual Property in Latin America, we are a team of experts who has been dedicated to defending industrial and intellectual property since 1900. We operate throughout the world, encompassing first-rate civil and criminal advocacy, covering diverse areas of Law and all segments of industry. We are partners of large national and international companies.
Today we have offices in three Brazilian state capitals and we have gathered a team of practitioners that lead in knowledge of intellectual property, litigation, contracts and other areas of Law.
This allows us to advise our clients in the main legal proceedings, making us a strategic partner in the pursuit of innovation and knowledge.
We have more than 280 lawyers and an extensive team of Industrial Property Agents – an experienced and specialised technical team that is kept up-to-date with the transformations and demands of the market.
We are the support for innovation and knowledge.
We live in a dynamic world, where knowledge is decisive for any company to stand out in the market. We believe in the value of human capital and in creativity as a source of innovation.
With more than a century of experience and a wide range of services, we are proud to be the foundation for our clients to seek innovative and disruptive paths.
