Държавата спечели делото за Български морски флот

Кирил Домусчиев Кадър: БНТ, архив

Тричленен състав на Търговската колегия на Върховния касационен съд (ВКС) отмени решението на Арбитражния съд към Българска търговско-промишлена палата (БТПП), с което на компанията на председателя на работодателите Кирил Домусчиев „Параходство български морски флот“ бяха спестени неустойки от 55 млн. лв., съобщава „Капитал daily„. Парите са дължими за неизпълнение на задължения по приватизационния договор.

Първоначално арбитражът прие, че е било налице стопанска непоносимост и заради световната финансова и стопанска криза „Параходство български морски флот“ не е могъл да изпълнява посочения в приватизационния договор тонаж, т.е. капацитет на корабите.

Делото пред ВКС беше образувано по искова молба на Агенцията за приватизация и следприватизационен контрол, след като вицепремиерът Валери Симеонов нападна Домусчиев за параметрите по договора.

Съдиите Дария Проданова, Емил Марков и Ирина Петрова (докладчик) приеха, че арбитражът недопустимо е надхвърлил компетенциите си, тъй като искът за стопанска непоносимост „не случайно не е включен в обсега на тези, които могат да бъдат отнесени към арбитраж, тъй като разногласие между страните относно необходимостта от промяна в договора изобщо не би могло да възникне поради законовата забрана“.

Свързаната с Домусчиев компания е осъдена да плати 2.2 млн. лв. държавна такса.

Ето какво коментира виепремиерът Валере Симеонов във фейсбук профила си на 9 ноември:

Държавата спечели делото срещу „Кей Джи Маритайм Шипинг“ – 1:0. Върховният касационен съд уважи иска на държавата срещу приватизаторите на Български морски флот и отмени решението на арбитражния съд към Българска търговско промишлена палата. Върховните съдии са решили, че арбитражният съд не може да промени приватизационния договор, тъй като в закона има изрична такава забрана, която е поставена там „неслучайно“. Следователно, братя Домусчиеви ще трябва да спазят договореностите при приватизацията и ако не са изпълнили изискванията на договора през следващата година, то ще трябва да платят съответните санкции – над 50 милиона лева. ВКС също задължава собствениците на Български морски флот да върнат на държавата 2 129 167 лв., които Арбитражният съд им е присъдил като съдебни разноски. Справедливостта в този случай възтържествува. Слава Богу, има честни съдии.

Ето какво коментира Симеонов днес:

На 6 октомври 2017 подадохме сигнал в прокуратурата срещу решението на арбитражния съд за БТПП, поради съмнения за корупция и „мотивация“ по особен начин на арбитражните съдии. Вероятно до края на ноември ще подадем още един сигнал вече срещу самия приватизационен договор на Български морски флот. Ако съдът признае приватизацията за незаконна, то БМФ ще стане отново държавно.

 

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