The court postponed the hearing on the claim of “Rosneft”, the “System” of 170 billion rubles.


Moscow. July 20. INTERFAX.RU – the Court deferred to the August 8 hearing on the claim of “Rosneft”, the “System” is 170.6 billion rubles, the correspondent of “Interfax” from the courtroom.

At the beginning of the session on Thursday the court rejected a “System” in the recusal IRIN Nurislamova that leads the process. Earlier “System” has complained to the judge of the Arbitration court of Bashkortostan Nurislamova in a number of instances, including the administration of the President of the Russian Federation.

In addition, the court on Thursday again refused the “System” in several motions, including adjournment of the hearing, the economic assessment 49% of “Sistema-invest”, which belonged to Bashneft before the reorganization in 2014.

The court also rejected the “System” in the petition about leaving the claim without consideration. The representative of the “System,” the court noted that the shareholder’s representative (the representative “Rosneft”) and its subsidiaries (“Bashneft”) duly empowered to work in court. Therefore, according to the “System” does not have the authority to sign the claim of “Rosneft” and “Bashneft”. In addition, in her opinion, has no authority to sign the claim and the Ministry of Bashkiria.

In addition, the court rejected the “System” in the request for the taking of evidence, the Corporation requested the shareholders of “Bashneft” according to 2014, and a report on the results of the adoption of the mandatory offer of Rosneft as of October 28, 2016 on the basis of which the Registrar of Bashneft carried out the recording of the transfer of Rosneft sold the rights to the shareholders of “Bashneft” securities.

According to the defendant, the plaintiffs missed the Statute of limitations. “The Statute of limitations on a claim for damages begins to run from the moment the plaintiff learned or had to learn about the defendant committing actions (inaction) that entail losses, and not the occurrence of the loss. All formed the basis for the reorganization of the corporate decision of “Bashneft”, including the decision on redemption of the shares after receiving them, were adopted at the extraordinary General meeting of shareholders of Bashneft held on February 3, 2014″, – said the representative of “the System”.

“Rosneft” and “Bashneft” spoke against satisfaction of this petition. “Rosneft” noted that the plaintiffs went to court on may 3, 2017, and the Statute of limitations, they are not skipped. “In the minutes of the Board of Directors from 2014, provided that the maturity date of the shares is the date entered in the register of repayment. According to help repayment made on 5 and 6 may. Accordingly, losses incurred in these dates.

“In addition, the shares of “Bashneft” was returned by the defendants to their rightful owner – the Russian Federation represented by the Federal property management Agency, 9 December 2014. The possibility of claims for recovery of damages from the defendants arose from the valid copyright holder of the shares of Bashneft, the Russian Federation – after restoring their rights to them. After the acquisition of 50.08% of shares of “Bashneft” the right to present this claim passed to “Rosneft”. The defendants, in fact, offer to calculate the Statute of limitations not do it now, and with date of corporate decision-making, which was not yet implemented not yet led to negative consequences,” – said the representative of “Rosneft”.

Moreover, AFC has filed a petition bringing the case of specialist economic knowledge, proposing to subpoena the auditor Deloitte Natalia Golovkina, which at the time was audioware reporting of “Bashneft” to Golovin answered the question of whether the loss from reorganization of “Bashneft” and described the economic activity of the Bashkir company. This petition remained pending.

Source