bnn.lv Latviski   bnn-news.com English   bnn-news.ru По-русски
Friday 22.09.2017 | Name days: Maigurs, Mārica, Māris
LatviaLatvia

Court lifts ER restrictions on registration of changes about VBU Council

FaceBook
Twitter
Draugiem
print
(No Ratings Yet)

Аuthor: SXCThe Riga Regional Court has lifted the measures that prevented the submission of the application regarding changes to the composition of the Board and Council of Ventbunkers (VBU) to the Enterprise Register (ER), as one of the defendants Aivars Gobins reports.

The plaintiffs in this case are the Kement, British Virgin Isles registered Gyges Limited and Steropes Limited, as well as Topmar Baltic Investments. The defendants in this case are Martins Bunka, Alvis Haze, Janis Haze, Mikhail Dementyev, Deivids Gajs Nstiss, Aivars Gobins, Diana Jukna, Arita Linde, Rudolf Meroni, IAG and IAG Industrieanlagen GmbH.

As it is stated in the court’s decision, this means the cancellation of the last year November 26 decision on the satisfaction of the claim. With the April 10, 2013 court decision, the measures that prevented the aforementioned defendants from submitting applications about changes regarding VBU capital, concern’s contracts, company reorganization to the ER without VBU Board’s consent have been lifted.

The decision is not subject to appeal and shall enter into force on the day of its adoption.

The Regional Court had referenced the statement of the Supreme Court (SC) – a restriction for shareholders perform their duties cannot be used as a form of security measures. This contradicts with general principles of commercial rights and does not comply with the point of specific types of measures.

The Regional Court agrees with the opinion of the defendants that the court’s decision has put an end to this dispute.

Defendants’ representatives, lawyers Oskars Jonans and Daimars Skutans, note that by requesting to lift the decisions of the Regional Court regarding specific measures, the defendants stated in their applications that this specific case had secured a non-financial claim. It was also stated in their application that, contrary to the Civil Procedure Law, the decision of the Regional Court had no stated amounts for which measures were to be imposed.

Also, this civil proceeding had no hypothetical difficulty in securing the claim and contrary to the point of regulations of the Civil Procedure Law, as well as conclusions of the SC was secured based on only unproven claims about its difficulty. It was also stated by the defendants that measures used in securing the claim were illegal, because they are directed toward limiting the shareholders’ rights.

Lawyers note that the Regional Court had previously disagreed with arguments of the defendants, declining their request to lift the measures. As a result, defendants were forced to submit a number of additional complaints regarding the decision of the Regional Court.

They do not understand why the court had previously ignored their pleas, and only started listening after the involvement of the SC. Lawyers note that “it took more than 10 months to left the illegal measures”.

“The only positive result is that the court practice has been added by quite a few decisions of the Chamber of Civil Cases. This will allow Latvian courts to consult this practice in the future, so that they will be able to avoid similar situations”, – the lawyers said.

On April 2, the Regional Court secured the plea of the defendants to lift the measures in regard to submitting changes to the ER. Those measures prevented the defendants from taking office in the Board and Council of VBU until the dispute had been resolved and the decision of the court would come into force.

The decision about calling and holding shareholders meetings of VBU was also cancelled. When submitting their application, defendants had noted that neither Steropea Limited nor Gyges Limited are valid VBU shareholders.

Ref: 103.109.109.6899


Leave a reply

Kariņš: Unity started drifting when Valdis Dombrovskis left is management

Unity should seriously consider the option of starting in Saeima elections alongside other parties, said MEP Krišjānis Kariņš in an interview to Latvijas Radio.

CSP: average size of agricultural areas increases in Latvia

In 2016 the average size of agricultural holding constituted 43.2 ha, which is 15.5 % more than in 2013 when the average land area per holding accounted for 37.4 ha. The total standard output has risen by 24.5 %. Nevertheless, the number of economically active farms has reduced by 14.5 %.

Antāne forms a new political party in Ventspils with more than 350 associates

A new political party was founded in Ventspils this Thursday, 21 September. The name of this new party is Laiks Pārmaiņām (Time for Changes). The initiator of the founding of this new party is Baltic Association – Transport and Logistics President Inga Antāne.

NATO: suspicions about Zapad 2017 were justified

NATO views its suspicions about Russian-Belarusian Zapad 2017 military exercises as well-justified, because their scale and geography were larger than what was officially stated.

Expert: Latvia’s electronic industry productivity index on a rise

Electronics industry is the most rapidly growing processing industry in Latvia. This industry’s turnover growth in Latvia has been more rapid than that of Europe and the rest of Baltic States, says manager of wholesale trade company Lemona Latvija Sergejs Nikiforovs.

Video: How to make white-water rafting more dangerous?

If you think white-water rafting is a piece of cake, you can try getting over some rapids on six rafts.

Kaimiņš: Lembergs is Latvia’s biggest misfortune

It is no secret to anyone that the parliamentary committee in charge of investigating Oligarch case has so-called experts that are closely associated with infamous Ventspils politician Aivars Lembergs or his family. In an interview to BNN, Saeima member Artuss Kaimiņš shared his opinion about the latest scandalous development associated with Oligarch talks. He calls Lembergs Latvia’s biggest misfortune.

EC: Money for Rail Baltica in next period will be negotiated

Funding of the Rail Baltica railway project after the year 2020 will be negotiated upon as part of the EU's financial plan for the next period, has stated the European Commissioner for Mobility and Transport.

Sudraba published «false information» on parliamentary committee’s website

Parliamentarian Andrejs Judins asks to evaluate Inguna Sudraba’s possible breach of ethics with the publication of ‘false information’ on the website of Saeima’s parliamentary investigation committee responsible for the investigation of oligarch case.

Estonia plans to direct 300 million euros to healthcare

With the aim of improving the quality and access to Estonian healthcare, the country's government has backed amendments, which set forth increasing healthcare funding by 300 million over a period of five years

HTC agrees to sell part of its innovators and intellectual property to Google

U.S. computer technology firm Google has reached a deal with Taiwanese smartphone-maker HTC so that the latter would share part of its product development team and allow using HTC intellectual property.

22-year sentence for Imanta paedophile comes into force

With the Supreme Court of Justice abandoning the review of Riga Regional Court’s ruling, the 22-year sentence for the man prosecuted in the so-called Imanta paedophile case has come into force, as reported by the court.

Weekend in Latvia expected to be warm and sunny

The sky in Latvia will become clear during the day on Friday, 22 September. Rain is only expected to come to certain western areas. Air temperature will likely reach +16° C… +20° C, whereas air temperature at night will drop to +9° C… +14° C, as reported by State Environment, Geology and Meteorology Centre.

UK to offer EU 20 billion euros, if it can remain in single market

British Prime Minister Theresa May plans to offer a transitional agreement with the European Union that would concern a two-year period until the country leaves the bloc in 2019.

Number of bankruptcies down in Latvia and Estonia but up in Lithuania

Last year, the number of bankruptcies declined 12.4% in Latvia and 10.9% in Estonia. Lithuania, on the other hand, had experienced a 35.2% increase in the number of bankrupt companies, according to information compiled by Coface.

Lithuania sets off alarm bells over quality of international brands' foods

What Lithuania‘s State Food and Veterinary service announced last Tuesday was big news in Lithuania, but not so of a discovery to the majority of Eastern European consumers - food of international brands sold in Western Europe and in Eastern Europe, and Lithuania, are not just the same.

Saeima forms a group to support HIV and tuberculosis patients

On Thursday, 21 September, Latvia’s Saeima agreed with deputy Hosams Abu Meri’s proposal to form a deputy group to support HIV and tuberculosis patients, as confirmed by Abu Meri’s assistant Edgars Ikstens.

Politologist comments whether Vējoņis’ authority is at risk or not

Saeima’s vote in which Latvian President Raimonds Vējoņis’ proposal on the status of non-citizens’ children was not pushed forward was as though a strike against the president’s authority, comments Filips Rajevskis.

In pictures: Mexicans rush to find quake survivors

A massive rescue effort is continuing in Mexico City and other areas in Mexico to find possible survivors caught under buildings that collapsed in the September 19 earthquake, which has killed no less than 237 people.

Producer prices in industry grew 0.1% in August

Compared to July, the level of producer prices in Latvian industry rose by 0.1 % in August 2017. Prices of products sold on the domestic market, as well as those of exported products grew by 0.1 %.

Saeima supports simplification of investigation of less serious crimes

On Thursday, 21 September, Latvia’s Saeima conceptually supported changes to the Criminal Process Law that provide for simplification of investigation procedures of less serious crimes.

Ozoliņš: transit and logistics industries should communicate more actively

Mutual communication and information exchange among businesses working in the industry is the pre-condition for improvement of Latvia’s transit industry, said Transport Ministry’s state secretary Kaspars Ozoliņš at a meeting of the Logistics Council.

As Estonia mends ID cyber vulnerability, officials recommended mobile ID

As Estonia tries to solve potential security risks found in the chips of 750,000 national ID cards, state officials using e-services have been recommended to Mobile-ID in addition to ID cards.

Vējonis: peaceful resolution of Ukraine’s conflict is Latvia’s priority

«Russia’s unjustified aggression towards its neighbours is a serious breach of international law. Any aggressor who begins and continues such conflicts should be brought to justice for breach of international law,» says Latvian President Raimonds Vējonis.

Authorities apprehend criminal group that caused 1.7 million euros worth of damage to the state

Latvian State Revenue Service’s Finance Police in cooperation with State Police anti-terrorism unit Omega neutralized a criminal group that specialized in VAT fraud and money laundering, as confirmed by SRS representative Evita Teice-Mamaja.

Newest comments