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ARTICLE · 08 OCTOBER 2024

No Jurisdiction For A Warrant Of Prohibitory Injunction

In a rare decree, the Maltese Courts have denied a demand for a warrant of prohibitory injunction due to the absence of a real connecting link with Malta.

MaltaLitigation, Mediation & Arbitration

In a rare decree, the Maltese Courts have denied a demand for a warrant of prohibitory injunction due to the absence of a real connecting link with Malta.

On the 26th March 2024, SBK Art LLC, a sanctioned Russian subsidiary of Sberbank, applied to the Maltese Courts for a warrant of prohibitory injunction against six respondents, made up of one Maltese limited liability company called Open Pass Ltd, four Dutch companies, Fortenova Group STAK Stichting, Fortenova Group TopCo B.V., Iter STAK Stichting, and Iter Bidco B.V, and a Croatian citizen, Pavao Vujnovac.

SBK and Open Pass were both holders of securities in the Fortenova Group, a conglomerate with operations in food production, retail chain management and agriculture, directly operating in Southeast Europe, with its holding structure set up in the Netherlands. Through the injunction, SBK sought an order to restrain the sale of shares in the Fortenova Group to a newly incorporated Dutch structure, in which

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