MOSCOW, November 29 The Supreme Court of Russia decided not to review the judicial acts of three instances, which, in the lawsuit of Promsvyazbank (PSB) against twelve of its ex-executives and the shareholder company in the amount of more than 243.2 billion rubles were jointly recovered only more than 91.2 billion rubles in damages from three defendants – the ex-beneficiaries of the Ananyev brothers and their Dutch company Promsvyaz Capital B.V.
As follows from the information in the file of arbitration cases, Judge Irina Bukina of the Supreme Court of the Russian Federation rejected the cassation appeals of Alexey and Dmitry Ananyev, Promsvyazbank and the Bank of Russia, a third party in the process. All of them asked to transfer the case for review by the Judicial Collegium for Economic Disputes. The text of the definition has not yet been published.
The plaintiff demanded to collect jointly and severally from all defendants more than 243.2 billion rubles, including from the Ananyevs and Promsvyaz Capital, through which the brothers controlled PSB before the start of reorganization in 2017 – the full amount. Demands for various amounts were also presented to former board members who approved unprofitable transactions, and former top managers who signed unprofitable transactions by proxy.
The courts refused to recover damages from a number of transactions that the plaintiff considered to be a withdrawal of assets. According to the courts, the main damage – almost 80 billion rubles – was caused by transactions made on the evening of December 14, 2017, on the eve of the appointment of a provisional administration to the PSB. Then the bank, under 24 agreements, bought illiquid securities – its own shares and bonds of controlled companies.
As a result, the courts jointly and severally recovered more than 91.2 billion rubles: from Alexey Ananyev, the former chairman of the board of directors, this entire amount, from the ex-chairman of the board of directors Dmitry Ananyev – about 89.7 billion, from Promsvyaz Capital B.V. – more than 23.1 billion.
Three authorities rejected the claim regarding the recovery of about 88.3 billion rubles of losses caused by the reorganization of PSB in 2017-2019 at the expense of the state. Since these losses are calculated according to the formula that appeared in the bankruptcy law in June 2018, the courts came to the conclusion that this rule cannot be applied to legal relations that took place in 2017 – March 2018.
The Central Bank in its cassation appeal in The Supreme Court of the Russian Federation insisted on the recovery of losses due to the reorganization, but it was refused. Thus, at the moment, three cases in which this formula appeared have reached the Supreme Court: in the case of Otkritie Bank it was applied, and in the cases of PSB and the Asian-Pacific Bank it was considered inapplicable. According to sources among lawyers, the decision of the Supreme Court of the Russian Federation in the PSB case was expected by the district court in cases of recovery of losses from the reorganization of Binbank and Rost Bank, where claims in the amount of more than 355 billion rubles were brought against their beneficiary Mikail Shishkhanov and his co-defendants.
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