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Avia Invest: Decision to rescind airport concession contract will be appealed


https://www.ipn.md/en/avia-invest-decision-to-rescind-airport-concession-contract-will-be-7966_1093574.html

Avia Invest considers the Chisinau Appeals Court’s decision to terminate the contract for the concession of the Chisinau International Airport is illegal and intends to challenge it in the Supreme Court of Justice. It noted that the illegal rescinding of the concession contract costs the state over €90 million, IPN reports.

“The reason for the termination – the alleged non-presentation of a guarantee for the proper execution of the contract – is fully absurd and even weird, at least because, based on court documents, the insurance contract is valid and legally enforceable. Moreover, the second (additional) insurance was never challenged by anyone, while the insurance policy was accepted by the Public Property Agency and is still there. How can the appeals court take a decision to terminate the concession contract over the alleged lack of insurance when the insurance is valid based on a court decision?” Avia Invest noted in a press release.

The company said the developments show once again that there are no real reasons for the termination of the concession contract and have never existed. “Political pressure was exerted on courts and this derives from the multiple statements by government officials who insisted on such a decision even if damage is caused to the state,” runs the press release.

“We warn the public and the authorities in the Republic of Moldova that the termination of the contract implies the reimbursement of the made investments that now total over €90 million and these were confirmed by international audits and by the PPA’s decisions of 2013-2021. We remind the authorities that the Stockholm arbitration court’s decision about the lack of investments is a phantasy and an attempt to present a lie as a truth. The international arbitration court didn’t state the absence of investments, but noted that the made investments weren’t in accordance with any of the international conventions. This decision was appealed,” said the company.

Minister of Justice Sergiu Litvinenco on Wednesday announced that the Chisinau International Airport returns under state management following a decision taken by the Chisinau Appeals Court. The court decision is definitive and executory.

The operations and management of the Chisinau International Airport were transferred to the concessionaire Avia Invest in November 2013, under a private-public partnership model. Avia Invest undertook to manage the airport during 49 years and to invest €250 million in the modernization of the airport. But the company was accused of not fulfilling its obligations and of not respecting the investment plan and the concession contract was therefore rescinded.