On October 10, the Supreme Court refused to satisfy the cassation appeal of Privatbank and affirmed the decisions of the lower courts, by which the nationalized bank was denied in recognition of creditors’ claims for amount of UAH 1,5 billion against Dniproavia (within the case No. 904/8902/17 on bankruptcy of this airline).
According to court materials, Privatbank’s claims included remuneration and penalty under the number of loan agreements of 2011-2014. The Supreme Court refused to comply with them, following on from their decisions on partial invalidation of correspondent agreements, which were accepted taking into account performance of the main debt obligation of the borrower by the guarantor, and also considering that “payment of remuneration (commission) in the order and in the amount, set forth in the disputable agreement, does not conform to the requirements of rationality and justice” (quote).
The owner of Dniproavia is LLC Haltera, which is associated with former Privatbanks owners.
The initiator of the case of declaration of Dniproavia’s bankruptcy is Ukrtatnafta (this enterprise is also controlled by former Privatbank’s owners).
On December 17, 2018, the Commercial Court of Dnipropetrovsk Region approved the register of Dniproavia`s creditors` claims, including requirements of Goiania Comercio E Servicos Internacionais LDA - UAH 920.8 million (4th line) and UAH 489.5 million (6th line), LLC Alians Partner Group - UAH 823.8 million (4th line), LLC International Airport Dnipropetrovsk - UAH 598,8 million UAH (4th line), LLC Galtera - UAH 545.9 million (4th line), Troyon Assets Limited - UAH 340,6 million (4th line), Feyen Consulting Limited - UAH 216.9 million (4th line) Brassbox Limited - UAH 179.6 million (4th line), Ukrtatnafta - UAH 132.8 million (4th line).
According to court materials from 2011, Dniproavia rented aircrafts in Brassbox Limited, Goiania Comercio E Servicos Internatiocionais, Troyon Assets Limited, Feyen Counsulting Limited.
In the autumn of 2017, the media wrote that Dniproavia no longer had any aircraft, and at least some of them were transferred to the Wind Rose airline.
On 11.09.2019 the Economic Court of Kyiv refused to satisfy the claim of the State Property Fund of Ukraine to Galtera LLC in case No. 904/299/16 on termination of the purchase and sale agreement of 94.6% of Dniproavia shares of 28.08.2009.