The courts have dismissed the appeal filed by Servicio de Paquettería y Logística Canaria and Evisu Mai, upholding the ruling ordering them to pay the outstanding amount for the purchase and sale of shares in Comunicación y Logística Canaria, the company operating under the Asigna brand in the archipelago.
The amount claimed totals €1.75 million, payable to the seller, GyS Medios de Servicios Administrativos, S.L. The legal dispute stems from the acquisition, in February 2020, of 66,403 shares in Asigna’s island subsidiary. After paying the initial monthly installments, the buyers stopped making the deferred payments in March 2022.
As a defense argument, they cited criminal proceedings pending in Madrid over alleged fraud and document forgery. The criminal case concerns the purported late emergence of a document signed by the former administrator and an executive of the company that was sold, which substantially increased severance payments and created an unrecorded employment liability at the time of the sale.
However, the court, in the ruling obtained by Canarymaritime, rejected the claims for nullity and suspension on grounds of criminal prejudiciality (exceptio non adimpleti contractus) submitted by the legal representatives of the Canary Islands operator. In its decision, the court found that the purchasing companies took possession of the business and continue to operate Asigna’s parcel delivery and logistics service normally in the archipelago without seeking termination of the contract.
Likewise, the judges stressed in their legal reasoning that stopping payment of a €1.7 million debt over a potential loss of approximately €135,000 was contrary to the principle of contractual good faith. The ruling fully upholds the decision previously issued by Court of First Instance No. 4 and orders the appellants to pay the legal costs.
The article Asigna in the Canary Islands ordered to pay €1.7 million for purchase of Las Palmas subsidiary was first published on canarymaritime.com.
