A Paraná court has partially overturned the decision to pay damages to the Devas Importação e Exportações business, in what was promised to be the conclusion of a 14-year legal battle involving the two companies that operate the Paranagua terminal.
On the other side of the dispute is Marcon, with whom Devas had business as a business partner. In 2007, the two designed a project for machines to ship sugar in the Port of Paranagua.
The acquisition cost R$19 million, 60% from Marcon and 40% from Divas. Then a new company appeared, Tibar. The machines were purchased in Marcon’s name.
Devas claims that shortly before the stock split in the new company was formalized, sugar producer Guarani (from the French capital group Terreus) made an offer to buy 35% of Tibar, but in the negotiations, Marcon denied Devas’ participation.
The trading company went to court to collect damages. In the first division the Divas won. The ruling ordered Marcon to pay 13.2 million Brazilian reais to his former business partner, an amount equivalent to 26% of Tepar’s shares.
Marcon appealed. The first appeal, which was analyzed by the Eleventh Civil Chamber of the Court of Justice of Paraná in January, refused to review the decision. At that time, the court decided that Marcon should pay R$13.2 million to Devas because the latter had been excluded from the company in which he had a stake.
The decision considered that Devas contributed to the creation of Teapar, helped acquire the machinery, but was excluded when Guarani became interested in the business. Marcon was also ordered to pay R$7,000 in moral damages.
But at the end of August, after repeated requests for review, the advertising ban by Marcon changed the previous understanding and concluded that the conviction should be limited to the return of the amounts invested by the plaintiffs in the creation of the project, rejecting the existence of the company.
Marcus Whittaker, Devas’ lawyer, says the decision is technically questionable, as the appeal has already set the criteria for the decision, which cannot be changed.
“Devas will be entitled to R$44 million (updated values). The value has been reduced to R$5 million. The Special Rapporteur’s vote says the matter should be evaluated by the Supreme Court of Justice. It is very clear what can or cannot be accepted in requests for clarification,” he said.
Devas appealed the decision that reduced her damages. The fighting continues.
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