Judicial authorities 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 of shares in Comunicación y Logística Canaria, the company operating under the Asigna brand in the archipelago.
The amount claimed totals €1.75 million in favor of the seller, GyS Medios de Servicios Administrativos, S.L. The legal dispute stems from the acquisition, completed 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 ongoing criminal proceedings in Madrid over alleged fraud and document falsification. The criminal case concerns the alleged late appearance 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 labor liability at the time of the sale.
However, the court has rejected the claims for nullity and suspension on the grounds of prejudicial criminal proceedings (exceptio non adimpleti contractus) submitted by the legal representatives of the Canary Islands operator, according to the ruling seen by Canarymaritime. The court determined that the purchasing companies took possession of the business and continue to operate Asigna’s parcel and logistics service normally in the archipelago without seeking termination of the contract.
Likewise, the judges stressed in the legal grounds that stopping payment of a €1.7 million debt over potential losses of approximately €135,000 runs counter 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 ordered to pay €1.7 million in the Canary Islands for acquisition of its Las Palmas subsidiary was first published on canarymaritime.com.
