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Bayer faces condemnation in Brazil for defect on Rhodiauram fungicide
May. 7, 2015
At the trial, the chamber followed the vote of Minister Paulo de Tarso Sanseverino, the rapporteur of the case, and denied appeals from the cooperative of Coffee Growers of Sorocaba (Coopermota), author of the collective action because of a consumption accident, as well as from Bayer, the product manufacturer.
In a special appeal at the Superior Court of Justice, the cooperative sustained that the responsibility by consumption accident does not depend on contract existent. This motivated that the interests should focus from the "the damaging event", and not from the Bayer citation at the process discovery phase as it was decided on ordinary instances.
The TJ-SP determined that, in liquidation, each farmer should prove the acquired volume of defective fungicide or the quantity of seeds already treated with the product. The invoice and the accounting statement should be issued and presented by the cooperative.
At the appeal, Bayer disagreed the way the losses would be estimated for each farmer at the soybean season. Bayer added that the invoice and the accounting statement could not be linked to third parties, because they are private documents.
Regarding the cooperative appeal, Sanseverino concluded that, even though the responsibility of the accident would not depend on a previous mandatory relation, this does not mean that it will be always tort. "In the present case, there is no doubt about the contractual character of the obligation to indemnify given to Bayer, from whom the cooperative and farmers acquired in contractual terms the defective fungicide," he affirmed.
According to the rapporteur, the constitution of default depended on the interpellation of the debtor, and the origin court acted correctly when stipulating default interest.
To dismiss the appeal of Bayer, the magistrate said that the TJ-SP decided to submit the documents based on the articles 378, 379 and 380 of the Code of Civil Procedure which cite the probative force of the documents. "There is not any impediment to the instruction of sentence liquidations, once it is assured that Bayer exerts adversarial guarantees and legal defense," added minister.
Source: AgroNews
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