The Lviv District Administrative Court closed the administrative proceedings on the claim of creditors who are trying to carry out a raider seizure of the Odesa grain terminal of Olimpex Coupe International LLC (GNT Group).
This became known from the press release of GNT Group.
The Ukrainian holding reported that on June 6, 2023, the Lviv District Administrative Court closed the proceedings in case № 380/809/23, which was opened at the request of Madison Pacific Trust, a credit agent acting in the interests of creditors Argentem Creek Partners (ACP) and Innovatus Capital Partners.
"The proceedings were closed due to the non-jurisdiction of this dispute to courts of administrative jurisdiction (the dispute does not have a public-law nature). Among other things, the court clarified that to resolve the dispute, the plaintiff should have turned to the commercial court, which resolves disputes arising from corporate legal relations, not administrative ones," the press release states.
At the same time, GNT Group emphasized that earlier the administrative proceedings were unjustifiably opened by Judge Zhelik O.M., who turned out to be a former colleague of the lawyers helping Argentem Creek Partners in an attempt to seize the assets of the Ukrainian holding.
"The legal community (both judges and lawyers) has known since 2020 that this category of disputes is not subject to the administrative court at all, but rather to the courts of economic jurisdiction, since 2020, when the Grand Chamber of the Supreme Court, reviewing the decision in case № 806/ 5231/15 (the case regarding the company with additional responsibility "Zhytomyr Lasoshchi"), decided that such disputes are the closest to those arising from corporate relations.
The question arises why this was not noticed and not taken into account by judge Zhelik Oleksandra, taking measures to ensure that it is beneficial to the "raiders"? The question is obvious and indicates how successfully foreign creditors Argentem Creek Partners and Innovatus Capital Partners use the corrupt component of the judicial system in Ukraine," the document says.
We will remind you, at the end of 2022, a big scandal happened in Ukraine: the creditors of Argentem Creek Partners tried to carry out a raider seizure of Olimpex Coupe International LLC - the operator of the Odesa grain terminal. After a failed attempt to seize control of the enterprises, creditors forced the grain terminal into bankruptcy.
As of today, legal proceedings between the Ukrainian-holding GNT Group and ACP are ongoing. Ukrainian and foreign courts systematically side with the Ukrainian holding.