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DLA PIPER HAS SUCCESSFULLY PROTECTED THE INTERESTS OF SWISSPORT IN A CORPORATE DISPUTE WITH UIA
DLA Piper Ukraine, Kyiv, Ukraine,Friday, May 30, 2014
On 29May, the Economic Court of the City of Kyiv passed a decision upon a newhearing on the claim by Ukrainian International Airlines PrJSC (UIA) for entryinto the share purchase agreement in favor of Swissport International Ltd (Swissport). The court fully rejectedthe case and recognized UIA's claims for the forcible sale of the participatoryshare in Swissport Ukraine LLC that belongs to Swissport as unjustified.
Thedispute lasted since 2012 when UIA stated a claim for the forcible entry intothe agreement for sale and purchase of the participatory share of 70.6% ownedby Swissport in the charter capital of Swissport Ukraine LLC and recognition ofUIA ownership right to that share. As the case was considered by the courts ofthe first and the appeal instances it was partially upheld: an agreement wasconcluded via court decisions, under which the participatory share of SwissportUkraine LLC was forcibly sold to UIA. Swissport appealed this decision to theSupreme Economic Court of Ukraine that passed a resolution, under whichSwissport's cassation appeal was partially upheld and the case was sent for anew trial at the court of the first instance where it was heard since November2013.
Thelawyers of DLA Piper Ukraine supported Swissport from the very beginning of thedispute. They developed the defense strategies, prepared all necessaryprocedural documents and represented the client in the courts of all instances.The DLA Piper team headed by MargaritaKarpenko, the Managing Partner was represented by Alla Kozachenko, Legal Director, Mykhaylo Byelostotskiy, SeniorAssociate, and Tetyana Zamedyanska, Associate.
Caroline Bueth, senior legal advisor of SwissportInternational commented the news on winning the case: "Thanks a lot forthis absolutely great news! Let's hope that this success story will continue inthe appeal instance but for now thanks to all of you for your great effortsover the last two years!"
Mykhaylo Byelostotskiy who represented the client in thecourt emphasized significant positive changes in the course of the casehearing: "We could see that the panel of judges devoted much attention tothe materials of the case and analyzed all circumstances and evidences indetail. We hope that this approach will become fundamental and Ukrainian courtswill be demonstrating the same commitment and consistency in the future".
In cooperation with DLA Piper, the client's interestswere represented also by Lavrynovych& Partners, a law firm that was in charge of the procedural aspects ofthe case.
ENDS
Forfurther information:
Nataliya Tkachenko, MarketingManager, DLA Piper Ukraine LLC, Tel: +380 44 490 9579 orEmail: natalia.tkachenko@dlapiper.com
Notes to editors:
1. DLA Piper Ukraine LLC is part of DLAPiper, a global law firm with over 4,200 lawyers across more than 30 countries.From its offices across Asia Pacific, Europe, the Middle East and the UnitedStates, legal and business advisers provide a range of services to local,regional and international businesses. DLA Piper has been working in Ukrainesince 2005 under the leadership of Margarita Karpenko, Managing Partner.
2. For further information about ourorganisation and services, please visit our website: www.dlapiper.com. Pleasefollow us on Facebook.