Press release

STATEMENT OF DANUBE LOGISTICS HOLDING BV

12 august, 2020
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In light of the recent articles in various news channels presenting false and misleading information regarding Danube Logistics Holding BV's acquisition of Danube Logistics SRL, the operator of Giurgiulesti International Free Port, we provide the following clarifications.

Final judgments of Dutch, English and Moldovan courts have established that Bemol Retail SRL's frivolous claims related to Danube Logistics Holding BV's acquisition of the port's operator in 2011 have no merit. As of today, 100% of the shares in Danube Logistics SRL are owned by Danube Logistics Holding BV, which in turn is owned by another Dutch company. Danube Logistics Holding BV's shareholding in the operator of Giurgiulesti International Free Port is subject to a participation agreement, which entitles the EBRD to 65% of the share sales and dividend proceeds.

Since September 2019, Bemol attempts to illegally seize the majority of the shares in Danube Logistics SRL based on a financial claim against one of the company's ultimate beneficiaries to the detriment of Danube Logistics Holding BV and all other parties that have a legitimate economic interest in the company. Danube Logistics Holding BV has no outstanding debts to Bemol. Furthermore, Danube Logistics Holding BV has not participated in the court proceedings that established BEMOL's claim against one of Danube Logistics SRL's ultimate beneficiaries and which are contested at the European Court for Human Rights.

In May 2020, the Chisinau Appeals Court irrationally ruled that an order of a bailiff blocking payments from Danube Logistics SRL to Danube Logistics Holding BV based on Bemol's claim was legitimate. Danube Logistics Holding BV is contesting this controversial judgment, which breaches not only applicable Moldovan legislation but also numerous international commitments of the Republic of Moldova. Companies are not liable for the debts of any of their direct or indirect shareholders - a fundamental principle enshrined in the Civil Code applicable to any company operating in Moldova. Undermining this fundamental principle based on financial claims that were established as a result of civil court proceedings is causing substantial damages to Moldova's investment climate.

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