FEDERICO PFEIL-SCHNEIDER, DISTOYOTA, CARCO S.A.

Posse Herrera Ruiz represents Federico Pfeil-Schneider, Distoyota, Carco and other companies on a complex dispute involving several judicial actions, arising out of the inheritance liquidation of Mr. Pfeil-Schneider father.

In order to recoup the inheritance, the Cantarovich brothers (illegitimate sons of the deceased) have taken several actions, including actions against Federico Pfeil-Scneider and his companies and third parties that acquired those assets, as well as an action to attempt to reliquidate the inheritance.

BANCOLOMBIA

Posse Herrera Ruiz represents Bancolombia in a judicial proceeding against Neos Group, in which the bank is requesting the restitution of the mall called “Neos Moda” located in Bogotá, that is valued at more than USD 62 million.

Whilst Bancolombia is alleging that Neos Group breached its obligations under a leasing agreement, and therefore is requesting the restitution of the mall, Neos counterclaimed that such leasing never existed, and, instead of that, the real intention of the parties was to execute a loan agreement that prevents Bancolombia to claim the mall restitution.

TOYOTA MOTORS CORPORATION, AUTOMOTORES TOYOTA COLOMBIA AND DISTRIBUIDORA TOYOTA S.A.S.

MOTORESTE filed two parallel actions after the non-renewal of the dealership agreement for the commercialization of TOYOTA vehicles in Bucaramanga:

(i) An unfair competition lawsuit against AUTOMOTORES TOYOTA COLOMBIA S.A.S. and DISTRIBUIDORA TOYOTA S.A.S alleging the infringement of several articles of Law 256 of 1996, due to the non-renewal of a dealership agreement for the city of Bucaramanga, and

(ii) A commercial litigation against TOYOTA MOTOR CORPORATION requesting damages for the liquidation of an alleged “common commercial establishment”, i.e. TOYOTA dealer in Bucaramanga.

PHR successfully represented TOYOTA MOTOR CORPORATION, AUTOMOTORES TOYOTA COLOMBIA S.A.S. and DISTRIBUIDORA TOYOTA S.A.S. through the proceeding, obtaining (i) A first instance ruling that dismissed all claims by Motoreste S.A. in the Unfair Competition Claim and (ii) A definitive ruling that dismissed all claims by Motoreste S.A. in the commercial litigation.

PRACO DIDACOL

Posse Herrera Ruiz represents Praco Didacol in all the consumer protection proceedings initiated against it by its clients, regarding the Subaru, Mercedes Benz, Jaguar, Land Rover, Hino and DFSK vehicles, before the judicial and administrative authorities.

During 2022 PHR represented PRACO (now INCHCAPE) within 19 consumer protection and civil proceedings, filing the replies to the lawsuits and attending the evidence hearings. In 2022 PHR obtained favorable rulings or settled in 9 of those proceedings, while the remaining 10 proceedings are still under analysis of the courts.

ORGANIZACIÓN TERPEL AND PRIMAX COLOMBIA

Ludesa and Casamotor, former distributors of Primax (before ExxonMobil), are arguing an alleged unjustified termination of a commercial relationship in which they claim that a commercial agency existed which went back to 1962.  The claimants are seeking the payment of loss of profits and the damage caused by the termination of the contractual relationship as well as the damages related to the termination of an agency agreement.

Relevance:  This case is relevant to our client due to 1) the amounts involved and 2) the need to clarify the type of commercial relationship that existed between the parts as an unfavourable ruling could trigger additional demands from other distributors.

Another difficulty is that since the claimants are arguing the relationship started in 1962, there are difficulties in proving certain things that might affect the value of the claim.  Because of an indemnity clause between Primax and Terpel, the latter oversees its defense.