At the end of last week, Danube Logistics SRL (DL), the operator of the Giurgiulesti International Free Port (PILG), and its Dutch partner, Danube Logistics Holding BV (DLH), issued a press release through the INFOTAG news agency. In the statement, they announced that they are entering their fifth year of defending against repeated attempts to seize DL’s social shares illegally. These actions, initiated by Bemol Retail SRL under the pretext of enforcing a 2018 court ruling, have sparked a wave of lawsuits and appeals, significantly harming Moldova’s investment climate, according to bani.md.
Disputed Legal Actions
DL emphasized that Moldovan law clearly states that court rulings are binding only on the parties directly involved in the litigation. Despite this, court bailiffs and Bemol have attempted to seize DL’s assets and those of its partners, even though these entities were not involved in the related legal cases.
“Enforcement actions initiated by bailiffs Roman Talmaci, George Boțan, and later Dumitru Manole aim to take control of DL, a strategic operator for Moldova. In 2021, the European Bank for Reconstruction and Development (EBRD), one of DL’s main creditors, exercised its pledge rights over 100% of the company’s shares, establishing itself as the rightful owner,” the statement read.
Economic Security Concerns
According to DL, the seizure of the Giurgiulesti International Free Port poses a significant risk to Moldova’s economic security. Under Law No. 174/2021, any transfer of control in companies operating in strategic sectors requires approval from the Council for the Promotion of Investment Projects of National Importance. The parties attempting to seize control have disregarded this requirement.
DL, DLH, and EBRD continue to challenge these actions in court. DL representatives warn of the dangerous precedent set by such actions and urge authorities to protect the rights of legitimate investors and ensure economic stability in the country.
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Bemol’s Position
In response to DL’s statements, Bemol rejected the accusations, arguing that enforcing a final court ruling is a legal obligation, not a “raider attack.”
“After the court issued its definitive ruling, bailiffs acted on execution warrants and enforced the decision as required by law. Enforcing a final court decision is a constitutional obligation of the Republic of Moldova (Article 120), aligned with the European Convention on Human Rights and other legal frameworks,” Bemol stated.
Bemol accused Danube Logistics and its leadership of evading enforcement by engaging in illegal activities to shift responsibility to the state. Bemol affirmed its respect for EBRD’s and MAIB’s rights as creditors and emphasized its commitment to honoring these rights in compliance with the law.
Allegations Against Danube Logistics Holding BV
Bemol accused Thomas Moser, associated with DLH, of embezzling and laundering funds through the DLH creation in the Netherlands. Bemol claimed Moser and DLH never invested in Moldova, urging media outlets to verify with the Commission for Evaluating Major Investments in State Security.
Bemol also criticized EBRD for allegedly being used as a shield to conceal stolen assets. The company expressed regret over EBRD’s involvement. It warned against interference in enforcement proceedings, threatening to escalate the matter to the European Public Prosecutor’s Office and other international authorities if necessary.
Criminal Investigations
The Moldovan Prosecutor’s Office has opened criminal cases against individuals accused of embezzlement, money laundering, public documents forgery, and power abuse. These cases recognize Bemol as the injured party.
Bemol concluded by urging Danube Logistics to report any observed crimes to law enforcement rather than engaging in what they described as illegal actions to protect their interests.