CYPRUS GLOBAL SPIRITS BANNED FROM LITIGATION OVER KHORTYTSIA

CYPRUS GLOBAL SPIRITS BANNED FROM LITIGATION OVER KHORTYTSIA

CYPRUS GLOBAL SPIRITS BANNED FROM LITIGATION OVER KHORTYTSIA
On September 18, 2024, the arbitration of the Moscow region banned the Cypriot GSH Trademarks Ltd., which owns the Khortytsya brand, from continuing litigation with Russian companies in the Nicosia District Court. Previously, the structure of Global Spirits included the Russian North and Rodnik & K, which were nationalized by the authorities in early June 2024.

One of the Kursk regional courts took the decision to withdraw 100% of the shares and shares of seven legal entities owned by GSH on June 4. The initiator of the nationalization was the Prosecutor General's Office. The litigation in the Kursk region was dictated by terrorist attacks in the border areas, which could have involved the owner of the holding. According to the supervisory authority, profits from companies operating in Russia could be used for these purposes.

The owner of the holding is included in the Russian register of terrorists and extremists. Factories in the Russian Federation that produce well-known alcoholic brands on the market ("Morosha", "Pervak", "Khortytsya"), its participants associate with a Ukrainian entrepreneur. At the same time, the holding itself indicated that Chernyak had no assets in Russia. The founder of the Russian North, as well as a number of other nationalized structures, are Alexander Bespalov and Ivan Kurbakov.

In 2021, the Khortytsya brand was in the first place in the Russian Federation. The products occupied 5.3% of the market. Morosha was in second place after it with a share of 4.4%. In 2022, the brands "Horta" and "Lesnaya Morosha" were launched as a replacement for both brands.

In the spring of 2024, several Russian enterprises appealed to the arbitration court near Moscow, asking for a ban for GSH to conduct litigation in Cyprus. The basis was the sanctions imposed on the Russian Federation by the EU countries. Due to the ban on attracting qualified lawyers abroad, the factories could suffer major damage.

According to experts, the arbitration referred to Articles 248.1 and 248.2 of the APC of the Russian Federation. Both of them were added to the code in 2020. Previously, the mechanism of prohibiting foreign courts from litigation with Russian persons under sanctions was used about 800 times. Recently, the circle of persons who found themselves under EU and US sanctions has expanded significantly and Russian courts have begun to apply it much more often.

24.09.2024