On Tuesday, the Moscow Arbitration Court upheld the claim of Aeroflot to the bankrupt Transaero about reimbursement of fuel costs, but the amount of the claim was reduced from 2.2 billion rubles. Up to 288 million rubles. In addition, Transaero managed to obtain a transfer to the Supreme Court of its suit to Rosaviatsiya to pay state subsidies for 595 million rubles.
The Moscow Arbitration Court allowed to recover 288 million rubles from Transaero Airlines, which is undergoing bankruptcy proceedings. In favor of Aeroflot. Consideration of the case began in October 2016 and was repeatedly postponed. This is the agency agreement concluded in September 2015, under which Aeroflot operated Transaero aircraft after the carrier began to experience difficulties.
Rosaviatsiya canceled the certificate "Transaero" in October 2015 following an unscheduled audit of the financial and economic situation. The agency commission came to the conclusion that Transaero can no longer independently service and pay off debts, which in June 2015 exceeded 260 billion rubles. (Taking into account leasing payments). At the end of May 2017, among the claims of Transaero's creditors within the bankruptcy of the company were claims of 325 companies and individuals for a total of 215 billion rubles.
As explained by the representative of the plaintiff, services were rendered to the amount of about 2.1 billion rubles. Aeroflot also demanded to collect interest and forfeit. But on Tuesday, Aeroflot lowered the amount of the claim from 2.2 billion rubles. Up to 288 million rubles. The reason for the correction was the position of the Supreme Court, which determined that only those that accumulated after filing a bankruptcy petition - in this case since October 19, 2015 - fall into the amount of current payments that can be collected outside the Transaero bankruptcy case.
In addition, the Supreme Court on Tuesday granted the appeal of "Transaero" and sent to the judicial panel on economic disputes her suit against Rosaviatsiya to recover from the agency 595 million rubles. State subsidies. From April 2015 until the end of flights in September, the company carried passengers to the Far East at preferential tariffs subsidized by the state (in all, more than 140,000 people were transported). The carrier was to receive for this, taking into account the termination of traffic in September about 959 million rubles., But subsidies amounting to 364 million rubles. Were paid only for April-June. Transaero required the payment of the remaining funds, but the lower courts rejected the claims with reference to the fact that the absence of tax debts in July-September (mandatory requirement for participation in state support programs) is not proved. Transaero believed that the subsidy is compensatory and should not be linked to the arrears of payments to the budget. The board will consider the complaint of Transaero on August 10.
Claims against Transaero reach 215 billion rubles
And they should still increase
Kommersant, May 23, 2017
Among the claims of the creditors of the airline "Transaero", which is in the bankruptcy procedure from the end of 2015, included claims of 325 companies and individuals for a total of 215 billion rubles. The decision of a question on bankruptcy and introduction in it concerning bankruptcy production can be accepted already tomorrow. But Transaero plans to ask the court to postpone the trial again until August, since all creditors' claims have not been considered yet.
The register of claims of creditors of the airline "Transaero" includes the requirements of 325 creditors for a total of 215.7 billion rubles. It follows from the company's request to postpone the consideration of the case. On Wednesday, the meeting of the Arbitration Court of St. Petersburg and the Leningrad region on the bankruptcy of the carrier and the introduction of the procedure for bankruptcy proceedings are planned. But the airline intends to ask again to postpone the consideration of the case.
The reason for the postponement of the meeting is that the airline believes that until now all the creditors' claims have not been considered. On May 24, the claims for the amount of 231 billion rubles, another 12.6 billion rubles. The review should take place before the end of July. In addition, the first meeting of creditors of the debtor has not been held so far, a judicial prohibition has not been lifted for its conduct, no appropriate decisions have been taken. Therefore, "Transaero" asked to postpone the consideration of the case and the report of the temporary manager until August.
The greatest amount of claimed claims relates to lessors. So, according to the register of creditors, the debt to five foreign lessors is 42 billion rubles. The main creditor banks "Transaero" will also be in charge of recovering debts on the court. From the register it follows that the debt of the airline to Gazprombank is 13.6 billion rubles., Novikombank - 8.7 billion rubles., MKB - 7.8 billion rubles. Sberbank - more than 7 billion rubles., Absolute Bank - 5 billion rubles., MTS-Bank - 4 billion rubles., Bank Otkritie - 3.9 billion rubles., VTB - 2.6 billion rubles. Debt for services of refueling companies - 4 billion rubles. To Rosneft's RN-Aero and 6 billion rubles to Gazprom Neft Aero.
It is curious that the Ministry of Justice of Ukraine was registered among the creditors, filed a lawsuit on behalf of the State Aviation Service of Ukraine, fined Transaero for uncoordinated flights to the Crimea and its airspace for three months of flights in 2014 by 114 million rubles. Such fines in Kiev, which does not recognize the Crimea's annexation to Russia in 2014, are persistently being prescribed to all carriers flying to Simferopol and over the peninsula, but Russian airlines traditionally ignore these claims.
Rosaviatsiya decided to cancel the certificate of Transaero in October 2015 and thus stop its flights following an unscheduled audit of its financial and economic situation. The reason for the audit was the deterioration of flight safety, financial performance and the initiation of bankruptcy cases. The Rosaviatsia Commission then unanimously concluded that Transaero can no longer independently service and repay its debt, which in June 2015 was estimated at more than 260 billion rubles. (Taking into account leasing payments). In November 2016, it became known about the details of the company's revival plan, which involves converting its debts into shares of creditors. At the same time it was reported that Transaero's activities could be resumed if the Arbitration Court decided in favor of the air carrier.