The Svea Court of Appeal in Stockholm rejected the claim filed by "Komaksavia Airport Invest Ltd" against the Republic of Moldova, thus confirming the judgment of the Arbitration Tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce, the Ministry of Justice reports. According to the authorities, the decision, handed down on February 14, 2025, reconfirms that the Cypriot investor did not make a protected investment under the bilateral agreement between the Republic of Moldova and the Republic of Cyprus, IPN reports.
The dispute started in 2020, when "Komaksavia" sued the Republic of Moldova in arbitration, alleging that it had illegally intervened in the management of Avia Invest, the former concessionaire of Chisinau International Airport. The Stockholm arbitral tribunal ruled in August 2022 that it had no jurisdiction over the case, and "Komaksavia" was ordered to cover the Moldovan state's legal costs.
The Ministry of Justice specifies that subsequently, "Komaksavia" challenged this decision at the Svea Court of Appeal, but the court found that the transfer of the 95% shareholding in Avia Invest to "Komaksavia" did not constitute a protected investment. It also found that the company had not demonstrated a real economic contribution or financial risk.
The Svea Court of Appeal not only upheld the arbitral award, but also ordered Komaksavia to pay the full legal costs of the Republic of Moldova in the amount of 105 000 euro and 10 000 dollars, plus interest.
Representatives of the Ministry point out that the Svea Court of Appeal's decision reconfirms the position of the Republic of Moldova in the case and represents an important step in the settlement of the dispute over the concession of Chisinau International Airport.