Supply of milk. Unfulfilment

The company HARAGI KALITATEAN AITZINDARI GROUP S.L. (from now on AITZINDARI GROUP) presented a demand of ordinary proceedings against IMPORT EXPORT SEGOVIA SL and also against its manager, Ms. MARISOL, requiring the amount of 32.249,55 euros.

Ms. MARISOL had been sued in their condition of sole director of IMPORT EXPORT SEGOVIA SL claiming for a supportive sentence with basis in the doctrine of lift the veil and with basis of the individual action of responsibility considered in the Law of Capital Societies.

The sentence of first instance sentenced AITZINDARI GROUP to pay the plaintiff the amount claimed, but Ms. MARISOL was absolved from any liability in connection with the payment of that amount.

AITZINDARI GROUP appealed the sentence before the Provincial Audience of Segovia for understanding that Ms. MARISOL was responsible in her quality of sole director and had to be sentenced IMPORT EXPORT SEGOVIA SL.

The Provincial Audience of Segovia said that AITZINDARI GROUP did not prove the connection of causality between the damage caused and the negligent behavior that claimed to attribute to the director, since when AITZINDARI GROUP delivered the product to IMPORT EXPORT SEGOVIA SL., this company was in the mercantile traffic and had activity, so it was nor recorded that its subsequent insolvency situation was imputable to the director.

The Provincial Audience of Segovia rejected the appeal and absolved Ms. MARISOL from any responsibility.

Underlined Phrase: “such responsibility would be changed in objective and it would have confusion between the action in the legal traffic of the society and the action of one director”.