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Monday 20.11.2017 | Name days: Anda, Andīna
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Supreme Court lifts ruling in Meroni and Ventbunkers row over ownership rights

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Supreme Court Panel of Civil Cases has revoked the ruling that dismissed the plea asking to lift provisional measures imposed in the row between Swiss attorney Rudolf Meroni and AS Ventbunkers.

The plea will now be reheard by the Riga Regional Court, according to Baiba Kataja, the spokeswoman of the court.

As reported, last October the District Court dismissed the plea asking to allow certain persons to take posts in Ventbunkers Supervisory Board. The ruling was appealed to the Supreme Court.

Back then, self-proclaimed representative of Ventbunkers, Martins Kveps, explained that the provisional measures were imposed on Janis Haze, Aivars Gobins, Arita Linde, Diana Jukna, Martins Bunka, Mihail Dementjev and David Guy Anstis.

Ventbunkers and Global Oil Services were asking the court to grant judicial protection and rule on recovery of losses.

The claimants also asked the court to impose two provisional measures. According to Aivars Gobins, this way the company ensured that the dispute was practically resolved without any trial.

Judicial protection means that members of the Supervisory and Management Boards are recognized by the Enterprise Register (ER) and have every right to handle the company’s assets.

Earlier, the District Court rejected the defendants’ plea on protection of their ownership right over Ventbunkers. An adjacent claim was also refused.

The defence represented by lawyers Daimars Skutans and Andrejs Eglitis have previously pointed out that it was impossible to grasp the purpose of the provisional measures. They stressed it was not clear what right was secured by imposing them.

The defence also argued that the claim for damages did not mention a fixed amount to justify it. According to Skutans, the provisional measures had no reasonable grounds and their goal was to control the situation, not help the court to make the right decision.

However, Kveps claimed that the measures were proportionate and aimed at protecting the tenure rights of the Supervisory and Management Boards. He also stressed that their goal was to ban the defendants from making changes at the Enterprise Register, as it was something they had always attempted to do. The applicants’ lawyer Lauris Leja said the measures were a legal requirement to protect the company’s assets, so that the other party could not handle them.

As reported earlier, on June 29 Riga Regional Court banned Meroni and Janis Haze, Aivars Gobins, Arita Linde, Diana Jukna, Martins Bunka, Mihail Dementjev, David Guy Anstis from taking posts in Ventbunkers. They were also forbidden to make changes at the Enterprise Register and amend the composition of the Supervisory Board without the consent of Ventbunkers Management Board (registered by the Commercial Register).

Meroni and his associates were also banned from making changes in the articles of association and the company’s share capital. Also this needed the approval of the Management Board, which would need to draw up a list of shareholders, who have taken part in a shareholder meeting, where it was ruled on amending the articles of association or boosting/reducing the share capital. The same applied to decisions on reorganization or liquidation of the company.

Ref: 102.105.105.1590


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