Tuesday | September 27, 2022 |
Market Status: OPEN

Market News


BIOFARM S.A. - BIO

Litigations

Release Date: 7/1/2022 11:35:31 AM

IRIS Code: D760C

Translation from Romanian

Biofarm output number: 283/01.07.2022

CURRENT REPORT

according to the F.S.A. Regulation No. 5/2018

Date of the report: 01.07.2022

Name of the Commercial company: BIOFARM S.A.

Registered office: Bucharest, str. Logofatul Tautu, nr. 99, sector 3

Telephone No.: 021/301.06.87

Fax No.: 021/316.52.48

Website: www.biofarm.ro

Unique registration code: RO 341563

Order No. with the Trade Register: J40/199/1991

Fully paid-up share capital: lei 98,537,535

Market on which company securities are traded – Bucharest Stock Exchange, BIO symbol

          

Important events to report:

Disputes in which the company is involved

The Board of Directors of BIOFARM S.A. informs the shareholders regarding the disputes below with hearings in June 2022:

 

 

FILE NO.

PARTIES

COURT

STAGE

OBJECT

REMARKS

 

 

CURRENT TRIAL DATE

 

NEXT TRIAL DATE

1

30962/3/2016

 

 

 

 

 

 

 

 

 

 

Romvent Engineering - Debtor

 

Biofarm – Creditor

 

 

 

 

 

 

Court of Law of Bucharest Municipality

 

 

 

 

 

 

 

 

 

Merits

 

 

 

 

 

 

 

 

 

 

 

 

Insolvency proceedings

 

 

 

 

 

 

 

 

 

 

 

Biofarm S.A. is registered in the debtor‘s list of creditors with the amount of lei 1.167.346, being an unsecured creditor.

 

 

 

 

 

 

 

At the trial date of 09.06.2022 (Council Chamber) the court ordered ex officio the replacement of the judicial administrator CII Anghel Ion with the judicial administrator Turmac Insolvency IPURL, with the right to file an appeal within 5 days from the publication of the decision in BPI, which will submit to the Bucharest Tribunal – 7th Civil Section.

At the trial date of 23.06.2022, the court postponed the case for 27.10.2022 for continuing the procedure.

 

27-10-2022

2

28902/3/2019*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Romvent Engineering - Plaintiff

 

Biofarm – Defendant

 

Neovent Invest – Defendant

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Court of Appeal of Bucharest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cancellation of administrative act

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The court will rule on:

- Cancellation of the Building Authorization no. 266/21.04.2017 and all its subsequent acts and the cancellation of all the works performed outside the authorization.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At the ruling date of 21.06.2022, the court decided the following:

Dismisses the motion for delay of the appeal filed by the appellant-plaintiff Romvent Engineering S.A., as invoked by the court, as unfounded. Rejects the motion of delay for the cassation reason, as invoked by the appellant-defendant Biofarm S.A., as unfounded.

Dismisses the motion of inadmissibility for annulment of the works carried out outside BP (Building Permit) no. 66/16.02.2015, as invoked by the defendant appellant Biofarm S.A.. Dismisses the motion of inadmissibility and lateness of the motion of inadmissibility for the claim regarding the annulment of the works carried out outside BP (Building Permit nor. 266/21.04.2017), as unfounded. 

Dismisses the appeal brought forward by the defendant appellant Biofarm S.A. as unfounded. Admits the second appeal brought forward by the appellant-plaintiff Romvent Engineering, in retrial. Partially quashes the appealed sentence.

In retrial, admits the exception of the inadmissibility for the claim having as object the annulment of the works carried out outside the building permit no. 266/21.04.2017.

Rejects the claim having as object the obligation to demolish the constructions made outside the building permit no. 266/21.04.2017, as inadmissible.

Maintains the solutions for rejecting the claim formulated in contradiction with the defendant Neovent Invest S.R.L., as filed against a person without procedural capacity, rejecting the objection of inadmissibility for lack of prior procedures and rejecting the claim for the annulment of the building permit no. 266/21.04.2017 and its subsequent acts.

Obliges the appellant-plaintiff to pay the sum of 15,000 lei to the defendant appellant, representing court charges, admitted in part. Definitive.

 

-

3

9407/299/2017

 

 

 

 

 

 

 

 

 

Romvent Engineering - Appellant

 

Biofarm – Respondent

 

 

 

 

 

Court of Law of Bucharest Municipality

 

 

 

 

 

 

 

Appeal

 

 

 

 

 

 

 

 

 

 

Disputes with professionals (payment of works execution)

 

 

 

 

 

 

The dispute has as object claims in the amount of lei 54.413 representing the equivalent value of the works considered by the Plaintiff as being appropriately executed, as well as interests and court costs.

 

 

At the trial date of 16.06.2022, the court postponed the case for 30.06.2022 in order to take notice of the documents submitted to the file. At the trial date of 30.06.2022, the court ordered the summoning of the specialist Kardynal Intserv Office S.R.L., in order to discuss the request for his recusal. Biofarm also filed a request to cancel the supplement to the technical expertise report prepared by Kardynal Intserv Office S.R.L.. The court postponed the case for 20.10.2022.

20-10-2022

4

9756/3/2019

(ex 47535/3/2017)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Romvent Engineering - Appellant

 

Biofarm – Respondent

 

 

 

 

 

 

 

 

 

 

 

Court of Law of Bucharest Municipality

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Action to ascertain (termination of contracts)

 

 

 

 


 

 

 

 

 

 

 

 

The dispute concerns the ascertain of the termination of some contracts concluded between the Claimant and Biofarm S.A., ordering Biofarm S.A. to pay the amount of 196.153,22 Euro (plus penalties of 0.15% per day until full payment) and the registration of mortgage tier I on the Biofarm’s facility in Bucharest, Gura Badicului Street no. 202-232.

Solved on the merits in favor of Biofarm S.A.

At the trial date of 16.06.2022, the court postponed the case for 30.06.2022 in order to take notice of the answer to the objections.

At the trial date of 30.06.2022, the court completed the judicial investigation and herd the merits on the matter on trial.

The court postponed the ruling for 14.07.2022.

 

 

14-07-2022

5

10873/3/2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Romvent Engineering -  Appellant Plaintiff

 

Biofarm –  Respondent Defendant

 

Neovent Invest – Defendant

 

 

 

 

Court of Appeal of Bucharest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disputes with professionals

(claims)

 

 

 

 

 

 

 

 

 

 

 

 

The court will rule on:

- Obliging Biofarm to pay the sum of 24.338 Euro plus VAT, plus damages of 0.15%/day of delay, representing the unpaid rest related to the Contract no. 185/06.11.2013;

-  Obliging Biofarm to pay the amount of 200.000 Euro representing material damages for the alleged violation of the confidentiality agreement in art. 9 of the Contract no. 15/06.11.2013.

-  Obliging Biofarm to pay the sum of 230.000 Euro plus VAT plus legal interest, representing the value of additional works provided by Romvent;

At the trial date of 22.06.2022, the Court postponed the ruling for 29.06.2022.

At the trial date of 29.06.2022, the Court admitted the appeal, partially annulled the contested sentence and sent the case for retrial of the end of application no. 3, having as object the payment of the amount of 230,000 euros without VAT and of the afferent legal interest, to the same court. The Court kept the other provisions of the sentence pronounced on the merits of the case.

At the same time, the Court obliges the Appellant Romvent Engineering to pay to the Respondent Biofarm the amount of 15,696.73 lei as court costs on appeal.

The decision can be appealed within 30 days from the communication.

-

6

3278/62/2020

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sanosan Pharmaceuticals S.R.L.- Debtor

 

Biofarm – Creditor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Brasov Court of Law

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Merits

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Insolvency proceedings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Biofarm S.A. requested the opening of the insolvency procedure against the debtor Sanosan Pharmaceuticals, in the file 1484/62/2020, asking for the registration in the table of creditors with the amount of 8,066,750.88 lei (main debit and delay penalties). As the debtor also filed for insolvency, the court ordered the connection of the file 1484/62/2020 to the main application (considering Biofarm’s application as a declaration of registration as a creditor), which forms the object of the file 3278/62/2020 on the role of Brasov Court of Law.

 

At the trial date of 23.06.2022, the Court granted a control term for 03.11.2022 in the Council Chamber, without the participation of the parties, in order to continue the procedure, and in order to resolve the disputes, recover the claims and distribute the amounts collected.

03-11-2022

7
 

 

 

4962/114/2010

 

 

 

 

 

 

Relad International S.R.L.- Debtor

 

Biofarm – Creditor

 

Dolj

Court of Law

 

 

 

 

Merits

 

 

 

 

 

 

Insolvency proceedings

 

 

 

 

 

Biofarm S.A. is registered in the debtor‘s claims table with the amount of lei 199.525,73, being an unsecured creditor.

 

 

At the trial date of 27.06.2022, the court postponed the case for the date of 03.10.2022, to continue the procedure.

03-10-2022


 

 

B.D. CHAIRMAN                  

HREBENCIUC Andrei 

 



 Print

Information provided by IRIS, the news platform of the Bucharest Stock Exchange.

______________________

Bucharest Stock Exchange ("BVB") is not responsible for the content of this News item. Issuers whose financial instruments are traded on markets operated by BVB are required to report in accordance with current legal and regulatory provisions. BVB publishes these Reports as market administrator, appointed by ASF. When, for investors’ information, Reports are published, either signed by different persons, or with conflicting information, legal liability lies fully with the signatories. BVB disclaims any obligation or responsibility towards issuers or third parties, regarding the reality, completeness and accuracy of information provided by them and distributed by BVB. Website users are responsible for checking content. Any news item (including any prospectus) which is addressed solely to the persons and countries specified therein should not be relied upon other than by such persons and/or outside the specified countries. Terms and conditions, including restrictions on use and distribution apply.


©2016 Bucharest Stock Exchange. All rights reserved