News (#10 October 2015)

CASES

Court ordered Volkswagen to sell stake in Suzuki

ICC International Court of Arbitration has closed the final chapter on the four-year controversy surrounding German concern Volkswagen and Japanese automaker Suzuki Motors. Volkswagen has been ordered to sell its 19.9% stake in Suzuki, which is valued at nearly USD 3.8 billion, to the Japanese firm itself or to a buyer chosen by it.

 

Court took the side of 1+1 in case of  Inspector Freimut TV Show

The Kiev Commercial Court of Appeal has sustained the TV Channel 1+1 appeal against the Kiev Commercial Court decision at the suit of Novyi Kanal LLC against TV and radio company 1+1 Studio on intellectual property rights violation and compensation recovery. The subject of the suit is the Inspector Freimut TV Show which, in the claimant’s opinion, is identical in content to the Revizor TV Show broadcast by Novyi Kanal.

The court of the frst instance compelled the defendants to discontinue the violation of the intellectual property rights of Novyi Kanal for Master Scenario of the Revizor TV Show literary work, prohibited the Inspector Freimut TV Show broadcast and ruled the defendants to recover  compensation totaling UAH 1.2 million to Novyi Kanal. The Commercial Court of Appeal overturned the decision of the court of first instance and dismissed the suit.

 

Ukrzaliznytsia forced to reimburse  UAH 100 million penalty

The Antimonopoly Committee of Ukraine (AMCU) has filed a claim against the State Administration of Railroad Transport of Ukraine (Ukrzaliznytsia) in court to recover UAH 122.5 million for the state budget.

According to the decision made by the AMCU, Ukrzaliznytsia’s actions involving the railways liability to put in carriage documentation the transportation of grain cargo of JV Nibulon LLC to Nikolaev-Gruzovoy station, are stated as an export grain cargo transportation (which means crossing the Ukrainian State border).

It led to an additional charge and corresponding tariff share payment without any reasonable grounds, which is violation of the On Protection of Economic Competition  Act in the form of monopolistic abuse on the state market. For the above-mentioned violation the defendant incurred a penalty of UAH 100 million, the Kiev Commercial Court as well as the Court of Appeal compelled the company to reimburse the penalty imposed. 

 

Bionic Hill claims for land expropriation

The Kiev Commercial Court of Appeal supported the decision of the Kiev Commerical Court of 22 October 2014, invalidating the allocation of land by Kiev City Council for carrying out the Bionic Hill Innovation Park project.

According to the Bionic Hill report, the company will appeal against the decision of the Kiev Commercial Court of Appeal preparing for an international trial.

A reminder that Bionic Hill is the project of the first innovation park in Ukraine in terms of which it is planned to build an academic town for 35,000 workplaces and space for innovations, business and comfortable life on the 147 ha area of a former military base in Sviatoshynskiy District of Kiev.

 

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