The Supreme Court partially satisfied the cassation appeal of PrivatBank in the case of the Nikopol Ferroalloy Plant, canceling the decision of the previous instances in favor of Ihor Kolomoiskyi's enterprise.
This is stated in the bank's message, Ukrainian News Agency reports.
On May 17, the Supreme Court partially satisfied the cassation appeal of PrivatBank in case No. 910/12559/20 on the claim of the Nikopol Ferroalloy Plant, annulled the court decisions of the first and appellate instances and sent the case for a new consideration to the Economic Court of Kyiv.
In this case, Nikopol Ferroalloy Plant demands the termination of obligations under four credit agreements with PrivatBank, referring to its alleged full and proper performance.
It is about the loan, which is an element of a complex scheme of withdrawal of funds, which is currently being investigated by the Court of Chancery of the state of Delaware (USA), as a result of which PrivatBank suffered multimillion material damage.
As PrivatBank has already emphasized, the former owners use the decisions of the Ukrainian courts in this case in order to justify the alleged impossibility of consideration of PrivatBank's American and Israeli lawsuits by the courts of the respective countries, as well as the impossibility of consideration by the American courts of the lawsuits of the U.S. Department of Justice regarding the civil confiscation of assets acquired through criminal means.
As Ukrainian News Agency earlier reported, after nationalization, PrivatBank initiated lawsuits against its former owners, Ihor Kolomoiskyi and Hennadii Boholiubov, in various jurisdictions, including Great Britain, the United States, Cyprus, and Israel, in connection with embezzlement schemes that led to causing multi-billion losses to PrivatBank.
Since 2020, borrowers associated with the former owners have filed more than 200 lawsuits against PrivatBank (which have since been consolidated into 14 proceedings), seeking a declaration that their credit agreements with PrivatBank were terminated by due performance.
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