Earlier, a businessman unsuccessfully tried to sue the MTS
– A businessman Evgeny Grafeev filed a lawsuit against AFK Sistema and its subsidiary JSC “Sistema-invest” for the recovery obtained in 2009-2013 dividends “Bashneft”, increasing the amount of claims of up to 190 billion rubles.
As stated in the text of a lawsuit filed on October 26, the Tverskoy district arbitration court of Moscow, the businessman demands to collect in favor of the Russian Federation 142.5 billion rubles with the “System” and 47.5 billion rubles – s “the System-invest”.
When calculating the amount of its claim the plaintiff refers to the data of the Investigative Committee, established under the claim of the Prosecutor General of the Russian Federation to the AFC in 2014 that the structures of “the System” in the period from 2009 to 2013 were received dividends from controlled at the time of “Bashneft” in the total amount of 190 billion rubles.
In early October Grafeev already attempted to sue “the System” about dividends Bashneft, putting in it the size of the claims at 133 billion rubles (this estimate is a businessman based on the public statements of the head of “Rosneft” Igor Sechin). The Moscow arbitration court refused to consider the claim because of the lack of the plaintiff’s status of an economic entity in the dispute. AFK “Sistema” at the time of filing a lawsuit stated that he views the actions of grafeev E. as “an attempt of self-promotion”.
A new lawsuit Grafeev filed as “interested person”. “The plaintiff believes that he as the citizen of the Russian Federation has a legitimate interest not only in the return in state ownership of the shares of OJSC “Joint stock oil company “Bashneft”, which has already been made by the court at the suit of the Prosecutor General of the Russian Federation, but also of unjust enrichment received by PJSC “Joint-stock financial Corporation “Sistema” and JSC “Sistema-invest” in the form of dividends from owning the shares of OJSC “Joint stock oil company “Bashneft” in the period from 2009 to 2013,” – said in the text of the claim.
Grafeev is known for the claims to another company, controlled by the System operator, JSC “Mobile TeleSystems” (MTS). Since 2010, he tried to challenge the transaction with MTS for the sale of the operator in 2001 of shares of OJSC “Mobile communication systems” (Omsk, MSS) and got rejected in all courts. According to the businessman, with MTS “the trial continues”.
As reported, three years ago the Moscow Arbitration court at the suit of the Prosecutor General’s office has recognized the void transaction AFK to purchase shares of the Bashkir fuel and energy complex. As a result of the ownership of “the System” in favor of the Federal property management Agency was requested to 71.6% of the share capital of Bashneft (an additional 2.3% stake in AFC transferred to the state voluntarily). Later the action of the state acquired by Rosneft.
This year “Rosneft” has filed a lawsuit against “the System” is 170.6 billion, accusing the AFC causing a loss of “Bashneft” in the course of its reorganization in 2013-2014. The court of first instance satisfied the claim of “Rosneft” in part, determine the amount of damages in 136,3 billion. AFK Sistema has filed an appeal against the decision of the court. Rosneft for its part disputes the reduction of the claim amount. At the request of “Rosneft” on a number of assets of the “System” (31,76% in MTS, 100% of the group’s and 90,47% BESK) imposed an interim measure on total amount to 185 billion rubles. AFK “System” also tries to challenge the garnishment.