Harju County Court, having heard AS Kalev's arguments in the court dispute with AS Alta Foods, cancelled the prohibition on disposal of the shares of AS Kalev's subsidiary AS Kalev Paide Tootmine (who, in turn, owns the shares of AS Tere, OÜ Põlva Piim Tootmine and AS Valmetek Invest) by the court order of 9 December 2008 and fully unblocked the shares. The court cancelled the prohibition on disposal of the shares of AS Kalev Chocolate Factory, retaining a 15% block on the shares of AS Kalev Chocolate Factory. The court ordered AS Alta Foods to deposit with the court, by 19 December, 5 million kroons as security to the potential damage to AS Kalev in connection with the block on disposal of 15% of the shares of AS Kalev Chocolate Factory. AS Kalev's representative, attorney-at-law Leon Glikman comments: “The court concurred with our perception that a 15% block on the shares of AS Kalev Chocolate Factory will be sufficient to serve to claim of AS Alta Foods, with any additional block being disproportionate and unnecessary. The court based the selection of the security measure on the claim submitted by AS Alta Foods - a claim which is liable to be dismissed by court or arbitration. AS Alta Foods may, of course, contest the well-motivated ruling. Whether it will prove successful is, however, doubtful. The court ordered AS Alta Foods to make a deposit in security to the potential damage of AS Kalev. If the company fails to make the deposit, the ruling will be cancelled. The ruling entails that, by submitting the application for securing an action, AS Alta Foods takes the risk of compensating any damage incurred by the defendant if the claim is dismissed, with the requirement of depositing the corresponding security for the benefit of AS Kalev straight away.” The ruling of Harju County Court may be appealed to the Tallinn Circuit Court within 10 days. Allan Viirma Head of Legal Service Telephone: 688 6616
Shares of AS Kalev's subsidiaries unblocked by court
| Source: Luterma