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The Russian court seized the assets of Deutsche Bank

This became possible as a result of a claim by Rukhimalalliance

Май 18, 2024 16:15 106

The Russian court seized the assets of Deutsche Bank  - 1

The Arbitration Court of St. Petersburg and Leningrad Region, at the request of Ruskhimallians, which is the operator of the project to build a processing complex and gas liquefaction in Ust-Luga, seized the property, accounts and securities of Deutsche Bank. This is stated in the arbitration case file.

Thus, the court partially granted the request of "Ruskhimalliance" regarding the taking of precautionary measures in a claim against Deutsche Bank. Previously "Rushimalians" sued Deutsche Bank for 22.2 billion rubles (€238.1 million guarantee payments and "479.51 thousand penalties) as part of claims under bank guarantees and sought foreclosure on 100% subsidiaries of Deutsche Bank in Russia.

A lien was imposed in the amount of 238.61 million euros or the equivalent amount in rubles on securities owned by Deutsche Bank, Deutsche Bank LLC and LLC "Deutsche Bank Technology Center", on the real estate of the companies , as well as on the funds held (including those that will be received) in all bank accounts, including correspondent and other accounts (except for accounts of type "C", accounts of type "I" opened in the name of Deutsche Bank , LLC "Deutsche Bank" and Deutsche Bank Technology Center LLC.

The court also prohibited Deutsche Bank from disposing of 100% of the shares in the authorized capital of Deutsche Bank LLC. and Deutsche Bank Technology Center LLC. On May 17, a Russian court issued five writs of execution as part of interim measures.

At the same time, the Arbitration Court of St. Petersburg and Leningrad Region refused the "Ruskhimalliance" in the seizure of 100% of Deutsche Bank's shares in Deutsche Bank LLC and Deutsche Bank Technology Center LLC. The court also took into account that “in taking interim measures in the form of seizure of funds held in correspondent accounts of Deutsche Bank Aktiengesellschaft, Deutsche Bank LLC, Deutsche Bank Technology Center LLC“ it is necessary to state that they do not apply to client funds held in such accounts.

Previously, the Russian court at the request of "Ruskhimalliance" also seized property, accounts and securities of UniCredit Bank AD and Unicredit Bank AG in the amount of €462.67 million. In addition, "Ruskhimalliance" filed a similar declaration in connection with its claim against Commerzbank, and the court also took interim measures, the details of which are not yet known.

In May and June 2022, Linde notified Ruschimalliance about the suspension of work on the contract (it acted as an EPC contractor and delivered part of the equipment as part of the implementation of the Ust-Luga complex) due to sanctions imposed by EU. The Russian company disagrees with this position, saying that the sanctions do not cover the work under the contract. In particular, the EU sanctions only prohibit the supply of natural gas liquefaction equipment, but not gas processing equipment and the construction of a gas processing plant.

As work on Linde's side has not resumed, the “Ruskhimalliance“ terminated the contract with the German company and sent it a claim for the existence of a dispute. At the same time, the German banks Bayrische Landesbank and Unicredit Bank AG also defaulted on their obligations to the Ruschimalliance. and pay bank guarantees due to sanctions. Then the "Ruskhimalliance" brought claims against Unicredit Bank AG, Bayrische Landesbank, Deutsche Bank, Commerzbank and Landesbank Baden-Wurttemberg.

Later, the Arbitration Court of St. Petersburg and Leningrad Region fully satisfied the claim of "Ruskhimalliance" of Linde and its structures for a total amount of about 143 billion rubles. The court also ruled in favor of "Rushimalians" Linde's shares in her "daughters". The dispute concerns the collection of a debt from Linde under a contract for the design, supply and construction of a gas processing plant in Ust-Luga. The court also partially granted the claim of "Ruskhimalliance" prohibiting Linde from commencing and continuing legal proceedings abroad.

In March "Rushimalians" also filed a new lawsuit against Germany's Linde for 105.5 billion rubles. The court session on it is scheduled for June 13.