10:01 01.04.2015

Court confirms dismissal of claim of Roshen's Russian subsidiary against Uniconf

2 min read
Court confirms dismissal of claim of Roshen's Russian subsidiary against Uniconf

The ninth arbitration court of appeals on Tuesday upheld a decision of the arbitration court of Moscow, which on December 5, 2014 dismissed a claim of Roshen LLC (the Russian subsidiary of Ukrainian Roshen confectionary corporation belonged to Ukrainian President Petro Poroshenko) against Russian holding Uniconf regarding protection of business reputation.

According to a posting on the court's website, the court dismissed the claim of Roshen LLC.

Before issuing the ruling by the court of first instance, on October 27, 2014, the arbitration court of Moscow decided to attract OJSC Lipetsk factory Roshen, which does not put forward own claims, as a third party in the dispute between Roshen LLC with Uniconf.

At the previous hearing a representative of Roshen LLC said that the defendant violated its rights by spreading untrue information that Roshen LLC allegedly avoids paying taxes, do not settle customs payments and produces goods harmful to humans.

A representative of Uniconf said at the hearing that the letter to which the claimant refers was mainly devoted to the operation of Roshen factory in Lipetsk and information about it was confirmed by court rulings that took effect.

The defender said that information about the claimant do not violate its legal rights and interest. Uniconf used its constitutional right when the holding wrote the letter and the claim of Roshen LLC cannot be satisfied.

Another claim of Roshen LLC against Uniconf on protection of business reputation was left without hearing by the court on July 11, 2014.

In March 2014, Tverskoi Court of Moscow, as a part of a civil claim initiated by Uniconf holding against the Russian enterprises of Roshen Corporation, arrested the accounts of the company in Russia. Uniconf demanded the payment of 2.4 billion of rubles for the illegal use of trademarks. Production at Roshen's confectionary factory in Russia was suspended.

In May 2014, Court of Moscow declared valid the arrest of the company's accounts and did not uphold the counterclaim of Roshen LLC against the ruling of Tverskoi Court of Moscow.

Roshen Corporation includes Mariupol-based Roshen confectionery factory, confectionery factories in Kyiv, Kremenchuk and Vinnytsia, and the dairy producer Bershadmoloko. It also runs confectionary facilities in Klaipeda (Lithuania), Lipetsk (Russia), and Bonbonetti Choco (Hungary).

Poroshenko said that he planned to sell his business when he was elected Ukrainian president.

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