March 30, 2023

Americana obtains injunction to prevent power outages and store evacuation – 01/02/2023 – Mercado

the The Americans I was able, in court, to stop franchisees from cutting off the supply of water, power, internet and other services to their stores for non-payment. The decision also prohibits eviction from the property occupied by the company.

the The lawsuit has been filed On Monday (30), the judgment was delivered on Wednesday (1) by the Fourth Corporate Court of the Judicial District of the City of Rio de Janeiro.

“I grant incidental urgent relief, to specify that all franchisees, and in particular Enel and Light, refrain from interrupting the rendering of essential services, in any establishment of the Americanas group, to collect credits subject to such judicial reorganization, or any, all those whose taxable status has occurred before the request for judicial restitution,” reads the judgment handed down by Judge Luis Alberto Carvalho Alves.

In case of non-compliance, franchisees are subject to a daily fine of R$100,000.

“I also grant the occasional judicial remedy request to the lessors of the real estate to be reorganized to refrain from issuing an eviction order, due to the debts of the tenants before the request for judicial recovery, as well as suppliers and partners who have valid contracts, which included express decision clauses, refrain from terminating them in light of the urgent necessity to maintain the activity The outlet for the advancement of the Americana group.”

The judge considered that “without its commercial enterprises, or even without the provision of basic services, there would simply be no way to ensure the advancement of the economic group, which makes judicial recovery not possible, to the detriment of all its creditors.”

In the process, there is a record in which Enel has warned that it will cut off the power of the Hortifruti brand establishments, which are affiliated with the group, from February 8, due to non-payment. Light has sent at least three cut-off notices to the group.

A light appears on the list of creditors submitted in the judicial recovery request With a debt of R$919,000. To Eletropaulo, now called Enel São Paulo, Americana owes R$442,000. The retailer also owes R$25,000 to another Enel company, Enel Green Power.

Americana points to rising phone company debt, too. With Claro, for example, the debt is R$24.1 million. But the list of creditors does not specify whether the value corresponds to the provision of services or business partnership.

In the real estate part, it has already been possible to move at least 12 eviction lawsuits related to group facilities, due to arrears of rents. One of the cases is at Plaza Shopping, in Niterói, which is managed by the Aliansce Sonae + BR Malls consortium. According to the list of creditors in the judicial recovery process, the debt is R$319,000.

“Notwithstanding the excessive cost to the landlord of maintaining the lease in force without due consideration, in the same way that it is also painful for the concessionaires of public service to maintain service in the face of the debtor’s default, the fact is that Gabriel de Brito Silva commented, The legal director of Ibraci (Brazilian Institute of Citizenship), which sued to demand compensation from Americana investors, stated that the only way to make payments to creditors was to continue the business.

Fernanda Brigati collaborated.