Compensation for obstruction of the use of a commercial facility

If you own a commercial property (e.g. a shop, studio, restaurant, etc.) and one of your neighbors commits an act that prevents you from operating your business, then he owes you compensation.

His liability is for both damages caused and lost profits.

This article focuses only on the so-called. lost profits*. In addition to these, the person responsible for the tort must also repair all actual damages caused (i.e. costs related to repairs, restoration of damage, etc.). The owner or user may also seek a judicial suspension of the actions that restrict his right to use his property, if they are still ongoing.

What are the prerequisites for engaging a responsiblewhat?

• Committing an unlawful act by another person – i.e. one that is not carried out according to the rules set by law. Such an action may be blocking the access road, blocking a canal, turning off the water that supplies your commercial facility, cutting off electricity, etc.;
• The deprivation of opportunity in a certain period to use your own building (or part of it) for commercial purposes;
• Causal relationship between the unlawful conduct and the damages (i.e. the damages incurred by you are caused solely by this unlawful conduct);
• Established size of the compensation for deprivation of the intended use of the commercial facility.

What is the case law regarding obstruction of the use of a commercial facility?

Recently The Supreme Court of Cassation (SCC) considered a case regarding a workshop for the production and sale of snacks, which had three owners. The owners of the commercial property were unable to use their workshop for a period of two years as a result of their neighbour cutting off a water supply line and welding a water main in violation of established regulatory requirements. They were awarded compensation in the amount of 24 months' rent, calculated on the basis of average market prices for similar properties in the area, as well as statutory interest and all legal costs.

If you have had a similar case and would like us to assist you in protecting your rights, do not hesitate to contact us.

What can our team do for you?

1. We are trying to voluntary dispute settlement – we hold a meeting and negotiate the best terms for you. After your approval of the parameters of this agreement, we proceed to signing.

2. We are filing a civil lawsuit., in order to claim the compensation due to you. We remind you that you do not owe us any fee in advance, provided that you meet the prerequisites for this in the Bar Act.

3. If the case/cases are successful, we file a lawsuit and we represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.

* There are two types of property damages subject to compensation – suffered loss and lost profit. When compensating for lost profits as a result of tort, including cases of objective liability, the principle of full recovery of all direct and immediate damages applies, but lost profits for the owner in the future are compensated only if they will certainly occur.

In Interpretative Decision No. 3 of 12.12.2012 on interpretative case No. 3 of 2012 of the OSGTC of the Supreme Court of Cassation, the court accepted that there must be certainty of an increase in property, which certainty is not assumed, except in the case of a presumption of its occurrence established by law. The principle of full compensation for property damage requires commensurability with a market assessment of values, but the market is not an unconditional determinant of certainty in the occurrence of lost profits, assessed in the future. When, for the purposes of compensation, for a certain category of lost profits, the method of their determination is legally regulated, combining the principles and criteria for assessment, the methodology adopted by a regulatory act is applicable