The court again ordered “the System” to prove the absence of losses from the reorganization of “Bashneft”


Moscow. July 5. INTERFAX.RU – the Arbitration court of Bashkiria dismissed the claim AFK “System” with a request for the correction of a typo in the meeting minutes under the claim “Rosneft” and “Bashneft” to the AFC 170, 6 bn, June 27, from information published in the files of arbitration cases.

On the court’s website posted a message about the rejection of the comments on the record of the hearing and denial of the correction of slips, misprints or arithmetic errors.

Earlier it was reported that the court put on the parties the obligation to provide some evidence. In part of the obligations of AFC – “the Defendants to provide evidence of the absence of losses from reorganization of OJSC ANK “Bashneft”, proof positive economic effect from reorganization of OJSC ANK “Bashneft”, the presence of a counter view on a contested loan contracts and redemption of shares”.

AFK, referring to the explanation of the Supreme Court of the Russian Federation and existing court practice, noted that “the plaintiffs have the burden of proof concerning the negative effect of a reorganization, lack of consideration for loans and repaid the action.” “The definition in its current version, in fact imposes on defendants the burden of proving the absence of losses, which is a direct violation of paragraph 12 of the resolution of Plenum of the Supreme Court of 23.06.2015 No. 25,” – said in a statement.

The AFC considered that in the determination of the court contains a typo and was asked for a paragraph in the following wording: “the co-plaintiffs to provide evidence of losses from reorganization of OJSC ANK “Bashneft”, the evidence of the negative economic effect from reorganization of OJSC ANK “Bashneft”, no counter submissions on the contested loan contracts and redemption of shares”.

The court rejected the AFC in correcting this typos. The representative of AFK Sergey Kopytov commented on it to “Interfax”: “it is Difficult to understand what motivated the court when I was taking out the definition. In the near future AFK ‘System’ will take a decision on the appeal.”

The court of Bashkortostan on 6 July will consider the petition AFK “System” with a request for the lifting of interim measures under the claim “Rosneft” and “Bashneft”, and July 12, the court will continue the main trial in this case.

In may “Rosneft” and “Bashneft” has filed a lawsuit against “the System”. The amount of claims initially amounted to 106,6 billion, and was subsequently increased to is 170.6 billion, based on the depreciation of the ruble to the dollar. Size requirements, according to the claim, determined by summing the number of damages caused by “Bashneft” as a result of actions AFK “System” in the reorganization of the oil company in 2014.

Arbitration court of Bashkiria has taken interim measures in this case: the arrest of the AFC and owned by JSC “System-invest” 31,76% of the shares in the Charter capital of PJSC “MTS” , 100% of the shares in the Charter capital of CJSC “Group of companies “Medsi” and 90,47% of the shares in the authorized capital of JSC “BESK”.

“Rosneft” and “Bashneft” has asked a court an interim measure on the suit, the “System” with a stock: the amount of claims they cover almost 15 billion rubles. “Stated plaintiffs injunctive relief in the form of seizure of assets of defendants (estimated – if) in the amount of 185 billion rubles”, – stated in the Arbitration court of Bashkortostan from June 23.

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