Dräger manufactures medical technology and safety technology products for hospitals, fire departments, rescue services, government agencies, mines, and industries all over the world. Dräger is a family-owned company founded in 1889 with more than 15,000 employees worldwide and is present in more than 190 countries. In 2020, the company had a net turnover of approx. USD 3.4 billion.
One of the company’s regular clients acquired various medical equipment on credit. However, when the client could not pay the debt, requested a negotiation of the payment. In this negotiation, the client delivered deferred checks, that could not be collected by the time established because of lack of money.
The company started negotiations and formal communications with the client to give them a chance to pay the debt without taking legal actions. However, these negotiations did not give results. Because the time passed, the company gave the amount owned for lost.
To pressure the client to pay the debt, we acted as legal advisors, suggesting to file a criminal complaint about the crime of illicit deliverance. This strategy was successful, because the defendant recognized its responsibility and requested to apply the benefit of the Opportunity Principle. The opportunity principle implies the recognition of responsibility and the payment of the compensation, with the benefit of not having a criminal record nor sanction. We accepted the application of the Opportunity Principle with the condition of the payment of the debt. The defendant agreed on paying the complete debt in eight dues.
The debt was fully paid.
