Bruno Calfat Advogados, represented multinational soft drink group, specialized in the production, bottling, and sale of carbonated beverages, in a lawsuit seeking the revision of contract clauses related to gas supply agreements entered into with the company holding a monopoly in the gas market.
In the action, the beverage company sought not only the revision of price adjustment clauses, but also the reimbursement of overpaid amounts and the acceptance of amounts deposited by the company for the purpose of settling outstanding payments owed.
In the judgement of the appeal filed by the beverage company, the 8th Civil Chamber of the Rio de Janeiro State Court, ordered the gas supplier to reimburse the beverage company in the historical amount of BRL 53,6 million, representing overpaid amounts, plus monetary correction and default interest of 1% per month, calculated from the date of each disbursement through December 2020.
The Third Panel of the Superior Court of Justice (STJ), also rejected the arguments presented by the gas supplier, upholding the monetary judgment in favor of the contracting company with respect to the main claim of the lawsuit, which concerned the undue charges for gases supplied.