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OIL TERMINAL S.A. - OIL

Information on litigation in contradictory with Dumitrescu Sebastian Valentin

Release Date: 2/20/2019 4:02:52 PM

IRIS Code: AFA6B

NO.  98/20.02.2019

    TO: 

      BUCHAREST STOCK EXCHANGE         

FAX: 021/2569276

      FINANCIAL SURVEY AUTHORITY 

FAX: 021/6596414

 

 

 

CURRENT REPORT

According to ASF Regulation no.5/2018

Report day: 20.02.2019

 

 

 

OIL TERMINAL S.A.Constanta

Headquarter: no.2, Caraiman str., Constanta

Phone: 0241/702600, fax: 0241/694833

Registering number at Commerce Registrar: J13/512/1991

Unique register number: 2410163

 

 

 

        Important event to be reported: Information  on litigation in contradictory with Dumitrescu Sebastian Valentin

 

 

OIL TERMINAL SA informs its shareholders and investors on the following litigations stage:

 

 

  1. File no.7884/118/2017:

 

By Civil decision no. 53/18.02.2019, Constanta Court of Appeal gave the following solution in file no.7884/118/2017:

          It admits the appeal submitted by Dumitrescu Sebastian Valentin.

          It cancels the appealed sentence and submits the file to be re solved up to the same court.

We mention that the decision is final, is going to be edited and communicated to parties, the file will be submitted to be re solved up to Constanta Court of Justice.

 

We mention that the data are taken from court web sites.

We remind that, on 17.11.2017, the minor shareholder submitted a summons, by which he requested the cancellation of AGEA’ Decision no.6/10.10.2016, by which shareholders approved Oil Terminal SA’ social capital increase by the State’ contribution in kind by the two fields for which there are Certificates of the propriety right since 02.02.2011, to Constanta Court of Justice.

 

 2.    File no.5724/118/2018

By Decision of 19.02.2019, Constanta Court of Justice gave the following solution in file no. 5724/118/2018:

   It admits the request submitted by the defendant Oil Terminal SA

  According to stipulations of art. 413 paragraph 1 item 1 of Code of civil procedure orders the suspension of flie’ judgement being the object of file no. 5724/118/2018 of Constanta Court of Justice until the final solving up of files being the object of files no. 7882/118/2017, no. 7883/118/2017 and no. 7884/118/2017, all pending on Constanta Court of Justice.

The decision can be appealedduring the suspension period.

We mention that the data are taken from court web sites.

We remind that, on 25.09.2018, the minor shareholder Dumitrescu Sebastian Valentin submitted a summons, by which he asked for ‘’the partial absolute nullity of Oil Terminal SA’ Board of Directors’ decision of 05.09.2018, regarding the steps going on for the company’ social capital increase’’ to Constanta Court of Justice.

3.File no. 7264/118/2016/a2

By Civil decision no.275/19.02.2019, Romania’ High Court of Cassation  and Justice rejected, as groundless, the appeal submitted by the intrvener Dumitrescu Aandrei Sebastian against the decision of 04 October 2017 given by Constanta Court of Appeal –The II-nd Administrative and Fiscal Contetious Department in File no.7264/118/2016.

The decsion is final.

We mention that the data are taken from court web sites.

We remind that, the object of file no. 7264/118/2016 is the intervention request submitted by Fondul Proprietatea and Broadhurst INV LTD, by which they opposed to AGEA’ Decision no.6/10.10.2016 for Oil Terminal SA’ social capital increase’ registration in National Office of Commerce Registrar and to its publication in Romania’ Official Gazette part IV.

AGEA’ Decision no.6/10.10.2016 was published in Official Gazette part IV on 10.01.2018

On 24.10.2016, Societatea Oil Terminal SA asked for registration and publication of AGOA’ Decision no.6/10.10.2016, regarding Societatea Oil Terminal SA’ social capital increse, in the Commerce Registrar Office of Constanta Court of Justice, in order to fulfill this publishing formalities according to legislation in force. The mentions registration request had number 76790/24.10.2016, in Constanta Commerce Registrar Office.

The minor shareholder Fondul Proprietatea deposited an intervention request in its  own interest, registered with no.76884/24.10.2016, in Constanta National Office of Commerce Registrar.

Constanta  Commerce Registrar Office, not being competent to solve the file up, submitted both Oil Terminal SA’ request for mentions registration and Fondul Proprietatea’ intervention request to Constanta Court of Justice, forming file no.7264/118/2016.

 On 10.11.2016, the minor shareholder Broadhurst Investments Limited submitted an intervention request in its own interest, in file no. 7264/18/2016.

 On 10.03.2017, Fondul Proprietatea deposited the trial request resiliation, due to the fact it alienated all shares owned by Oil Terminal SA and that it is no longer our company’ s shareholder.

 

By Civil sentence no. 464/16.03.2017, Constanta Court of Justice gave the following solution in file no. 7264/118/2016:

         it took notice of  giving up the intervention request judgement submitted by the intervener Fondul Proprietatea SA.

         it admitted  in principle the intervention request in its own interest submitted by the intervener Broadhurst Investments Limited.

         It admitted the intervention request in its own interest submitted by the intervener Broadhurst Investments Limited and

        It rejected as groundless the main request submitted by the defendant Oil Terminal SA regarding the mentions in the commerce registrar, pending on Commerce Registrar Office of Constanta Court of Justice.

Against this solution, Oil Terminal SA appealed, registered in court on 25.04.2017. On term of 20.09.2017, in file no. 7264/118/2016, pending on Constanta Court of Appeal, the minor shareholder Dumitrescu Andrei Sebastian submitted an accessory intervention request in Broadhurst Investments Limited’ interest.

By decision of 04.10.2017, Constanta Court of Appeal rejected the accessory intervention request submitted by Dumitrescu Andrei Sebastian as inadmisible.Against this decision, Dumitrescu Andrei Sebastian appealed, appeal being the object of file no. 7264/118/2016/a2, submitted to be solved up to the High Court of Cassation and Justice.

 

 By Civil decision no. 676/01.11.2017, Constanta Court of Apeal gave the following solution in file no. 7264/118/2016:

         it admits the appeal submitted by Oil Terminal SA

         it partly changes the appealed decision, rejecting as groundless the intervention request in its own interest submitted by the intervener Broadhurst Investments Limited

         it admits the main request submitted by the defendant Oil Terminal SA, ordering the mentions regarding AGEA’ Decision no.63/10.10.2016, according to request no.76790/24.10.2016.

        it keeps the decision’ other orders.

        it orders the present decision’ comunication to the Commerce Registrar Office of Constanta Court of Justice to effect the mentions. Final.

 Civil decision no.676/01.11.2017 is final. AGEA’ Decision no.6/10.10.2016 was published in the Official Gazette part IV on 10.01.2018.

 

General Director,

Sorin CIUTUREANU

 

Development Director,         

Marieta STASI                                               

 

 

Chief of Shareholding – Communication Dept.                         

Sofia ZAGANEANU



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