Court cancels seizure of $3.1 mln from Russian Gazprom's subsidiary in favor of fine charged by AMCU

The Kyiv Economic Court of Appeal has overturned the decision of the Kyiv Economic Court to write off some UAH 80 million (US$3.1 million) in dividends from the Russian gas monopoly Gazprom's Ukrainian-based subsidiary, Gaztransit, as part of enforcement proceedings to recover from Gazprom a fine of almost UAH 172 billion ($6.7 billion), set by the Anti-Monopoly Committee of Ukraine (AMCU), according to the court materials.

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"The appeal by PJSC Gazprom and JSC with foreign investments Gaztransit shall be satisfied. The decision of the Kyiv Economic Court of June 06, 2017 in case No. 910/18299/16 shall be canceled. The case file shall be returned to the Kyiv Economic Court," the report said.

As UNIAN reported earlier, Ukraine's Justice Ministry in late May sent to Gazprom a resolution on arresting shares of its subsidiary Gaztransit as part of court enforcement action to recover almost UAH 172 billion from Gazprom in a fine charged by the Anti-Monopoly Committee of Ukraine.

Read alsoUkraine starts recovering Gazprom assets following court rulingsIn early June, the Kyiv Economic Court authorized the executive service to write off some UAH 80 million in dividends from Gaztransit.

Earlier, the Higher Economic Court of Ukraine rejected Gazprom's appeals against an AMCU decision to recover UAH 171.932 billion from the Russian company.

In January 2016, the AMCU billed Gazprom with a fine of about UAH 86 billion (some $3.3 billion) for abusing monopoly position in the domestic gas transit market. The decision was made as part of the execution of the government's instruction, as well as in the light of the official accusations of the European Commission put forward against Gazprom in connection with its dominant position in the markets of Central and Eastern Europe, which violates EU antitrust laws.

Read alsoUkraine marks 600 days without Russian gasOn April 12, 2016, Gazprom decided to challenge this decision by filing a lawsuit with the Kyiv Economic Court. However, the court rejected the claim.

Since the fine was never paid, the AMCU later filed a lawsuit with the Economic Court of Kyiv with a request to enforce fines and penalties, as well as to recognize the obligation to stop violations of the antitrust legislation. The Kyiv Economic Court upheld the claim in early December 2016.

Late February 2017, the Kyiv Economic Court of Appeal upheld the decision of the Kyiv Economic Court to satisfy the claim of the AMCU on enforced recovery from Gazprom of a UAH 85.9 billion fine imposed in January 2016 and a UAH 85.9 billion penalty for late payment. The decision of the appellate instance prompted Gazprom to file an appeal.

In late May, Ukraine's Minister of Justice Pavlo Petrenko said that the ministry was searching for Gazprom's assets and property in order to recover the fine.

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