On 14 April 2016, the Supreme Court granted the last-resort appeal lodged by GWW on behalf of a group of producers. Consequently, proceedings in this case, after a year-long dispute, were successfully resolved by the Supreme Court, who ruled in favour of GWW’s Clients (case ref.: IV CSK 593/15).
The Clients now have the green light for the court of second instance to take into account the value of the blueberry bushes planted on the properties of the other party as a shared asset subject to division. Furthermore, in hearing the case again, in allocating the shared assets, the court of second instance will have to take into account and award to GWW’s Clients a share in the proceeds from blueberry sales, which were generated after the opposing party had dissolved the partnership.
The case concerned the division of shared assets of partners in a partnership, who, until 2006, operated a blueberry farm on properties owned by some of them. As a result of dissolving the partnership, it became necessary to divide the assets of the partnership. This gave rise to a dispute, which was then referred to the court.