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Conflict over control of the Giurgiulesti Port continues: Danube vs. Bemol


https://www.ipn.md/index.php/en/conflict-over-control-of-the-giurgiulesti-port-continues-danube-vs-7966_1109274.html

The general investor and operator of the Giurgiulesti Port, ÎCS Danube Logistics SRL, accuses Bemol of engaging in a raider attack aimed at seizing control of the Giurgiulesti International Free Port. According to Danube Logistics, Bemol allegedly initiated multiple enforcement proceedings, reportedly facilitated by certain actors within the judiciary. These actions, Danube claims, were carried out under the pretext of enforcing a court ruling in a dispute in which neither Danube Logistics (DL) nor its Dutch parent company, Danube Logistics Holding (DLH), were involved, IPN reports.

Danube Logistics states that this attempt to deprive DLH and the European Bank for Reconstruction and Development (EBRD) of their interests in Moldova raises significant concerns about the protection of legitimate investors' property in the Moldovan economy. They warn of the risk of asset loss under the guise of enforcing a court decision unrelated to these investors or their assets, according to a statement by ÎCS Danube Logistics SRL published by IPN.

"A five-year battle against unjustified enforcement procedures aimed at taking control of Moldova’s port operator. Certain judicial executors and even judges in Moldova have claimed that legally owned assets of uninvolved parties can also be seized and transferred. This unacceptable legal interpretation, unsupported by Moldovan law, is based solely on the claim that the debtor was previously listed as the beneficial owner of the targeted company. More than ten judges who reviewed these cases dismissed this idea as unfounded within Moldova's legal framework," reads a statement by Danube Logistics published on Infotag.

In response, Bemol, in a statement to realitatea.md, noted that in addition to the final court ruling currently under enforcement, several criminal cases have been initiated. These cases involve allegations of misappropriation of foreign property, money laundering, forgery of documents, falsification of public records, and abuse of power by individuals in positions of authority. In these cases, Bemol has been recognized as the injured party.

"As a result of the final court ruling, enforcement titles were issued, and the executor is carrying out enforcement actions. Enforcing a final court judgment is a constitutional obligation of the Republic of Moldova: Respecting and executing final judgments and other court rulings, as well as assisting the judiciary throughout the enforcement process, are mandatory. Instead of complying with and executing the final court decision, the Danube group and its masters - convicted of fraud - are evading enforcement through various illegal actions with the sole aim of arrogantly shifting responsibility onto the state," Bemol’s statement adds.

It should be recalled that the conflict between the parties began in 2014. At the request of a Dutch company and Bemol, several lawsuits were initiated regarding the alienation of Danube Logistics. Following a November 2014 decision by the Court of Appeal, a seizure was imposed on Danube Logistics' movable assets, valued at over 160 million MDL.