The Arbitration Court of Bashkiria today partially satisfied the lawsuit filed by Rosneft and Bashneft against AFK Sistema, the Interfax correspondent reported from the courtroom. The court ruled to recover from AFK 136 billion rubles., "Rosneft" asked 170.6 billion rubles.
AFC's lawyer said that Sistema will challenge the court's decision. "Definitely," he said.
"We will appeal the decision of the court," said Sergey Kopytov, representative of AFK Sistema. - Having recognized losses of Bashneft for the amount of 136.3 billion rubles, the judge actually questioned the legality of such standard corporate procedures as preparation for an IPO, redemption and repayment of own shares. The judge did not reject the absurd claim of the plaintiffs, which implies the responsibility of AFK Sistema for such a macroeconomic indicator as the ruble rate. The decision of the judge, without exaggeration, has a fateful negative impact on the economic development of our country. At the same time, the judge rejected almost all of our petitions, ignored a number of opinions of leading experts in the field of economics and law, and refused to conduct an independent judicial financial and economic examination. In general, the process was absolutely one-sided, there was no question of any impartiality, which predetermined today's decision. "
AFK Sistema is still confident in its legal position and believes that in the future as a result of fair trial the court recognizes the rightness of the corporation.
"We are satisfied with the announced court decision, from which it follows that the court fully accepted our legal position, evaluating the arguments and evidence presented by the plaintiffs. At the same time, the court did not have an opportunity to assess the legal position of the respondents, since there was no legal position, in fact, the defendants were not represented, "said a representative of Rosneft. With regard to the change in the amount of damage, the company expects the reasoning part of the court decision, and after its study will decide on further steps.
The plaintiffs are trying to collect 170.6 billion rubles from AFK Sistema and its subsidiaries. For damage that the former owner, in their opinion, caused society in reorganization. The plaintiffs pointed out that the reorganization had "economically extremely negative results for the company [Bashneft]," and this is indicative of the deliberate and purposeful actions of Sistema on causing damage to Bashneft.
In the reorganization in 2014, the claim says, Bashneft lost the right to dispose of 49.41% of Sistema Invest, which owned 25.24% of Bashneft. Because of this, the company lost indirect control over the Bashkir Energy Retail Company (BESK), over the stake in Ufaorgsintez and the dividend rights of Sistema-invest, BESK, Ufaorgsintez, and also lost the opportunity to "participate in their economic activities." The censure also caused a separation balance in the reorganization of Bashneft in 2014.
Initially, the amount of claims of Rosneft and Bashneft was announced in early May - 106.6 billion rubles. But after a few weeks they clarified them to 170.6 billion rubles. Sistema considers the claims unreasonable. The trial began in June. Today's meeting was the eleventh in a row. Three times AFK Sistema asked for the challenge of Judge Irina Nurislamova, who leads the process, and was always denied.