Sergiu Litvinenco, Minister of Justice, came up with more clarifications after Tatiana Savva, deputy director of the Public Property Agency (APP), said that the state could return to the company “Avia Invest”, which manages Chisinau International Airport, about 90 million euros for the alleged investments it allegedly made in 2013-2020, if the company’s representatives could prove them, including “the source of the money”.

According to the Minister of Justice, there is no document to prove the alleged investment of €90 million.

“I recall that on 3 August 2022 the Arbitral Tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce (Sweden) issued its final arbitral award in the international arbitration case initiated on the arbitration request of 15 May 2020 of Komaksavia Airport Invest Ltd (Republic of Cyprus) against the Republic of Moldova, rejecting the claim of Komaksavia Airport Invest Ltd and determining that Komaksavia Airport Invest Ltd has no investment in Avia Invest SRL under international law. Among other things, the claim to the arbitral tribunal was for Moldova to pay almost €900 million, which was rejected along with all other claims.

According to preliminary calculations, the concessionaire received almost EUR 80 million from the EUR 9 fee alone. But the money from this fee can in no way be counted as an investment, as it is not the concessionaire’s money, but the object of the concession. So this 80 million is the money of the state (i.e. the people) and not of the concessionaire. According to the final and enforceable decision of the Chisinau Court of Appeal, the legality of the actions to terminate the concession contract was established. This is because the concessionaire has not carried out the investments to which it committed itself under the contract,” said Sergiu Litvinenco.

Approximately two weeks after the ruling of the Chisinau Court of Appeal, the state has still not taken over the management of Chisinau International Airport from Avia Invest. Tatiana Savva, deputy director-general of the Public Property Agency (APP), says that the airport will return to state management within 180 days of APP sending the notice of termination of the concession contract, i.e. by June 2023.

She also said that the state could return to Avia Invest, the concessionaire of Chisinau International Airport, about 90 million euros for the alleged investments it made between 2013 and 2020, if the company’s representatives can prove them, including “the source of the money”.

Asked by ZdG, Tatiana Savva said that Chisinau International Airport will return to state management under contractual terms, so that “the state on the one hand will protect its interests, and on the other hand will ensure that the interests of the private partner are respected in any national or international court”.

Tatiana Savva said that “APP has informed the Ministry of Finance and other decision-makers about the fact that in the period 2013-2020 the company “Avia Invest” made investments of about 90 million euros and, at the time of termination of the concession contract, the state is obliged within 180 days to return these investments to the company once the representatives of “Avia Invest” will demonstrate the investments, including the source of money”.

(…) I have completed the notification to the “Avia Invest” Ltd. as concessionaire regarding the return of the airport assets and the related land; I have notified “Premier Energy” for the provision of electricity to the Chisinau International Airport; I have completed the notification to the Public Services Agency regarding the notation in the publicity registers of the termination of the concession contract and I have drawn up a circular to the responsible authorities to designate persons to be included in the Commission for the receipt and return of assets. We informed the Ministry of Finance and decision-makers that in 2013-2020 the concessionaire made investments worth about 90 million euros and when the contract is terminated, we are obliged within 180 days to return these investments to “Avia Invest”, once they prove these investments, including the source of money (…),” said Tatiana Savva.

On 23 November 2022, Justice Minister Sergiu Litvinenco announced that Chisinau International Airport will return to state management after the magistrates of the Chisinau Court of Appeal examined the decision of the court of first instance on the termination of the contract for the concession of the assets of Chisinau International Airport. According to Litvinenco, the Court of Appeal’s decision is “final and enforceable”.

On 3 August, the Arbitral Tribunal of the Stockholm Chamber of Commerce rejected the claim of “Komaksavia Airport Invest” Ltd. against Moldova, Justice Minister Sergiu Litvinenco announced. At the same time, according to the official, the Tribunal awarded Moldova some 216 thousand euros as compensation for expenses incurred in connection with the arbitration proceedings.

Thus, according to Minister Litvinenco, the claims were rejected, “the Tribunal ruled that Komaksavia did not make any investment in the assets of Chisinau International Airport”. Moreover, Komaksavia was obliged to pay Moldova’s costs, “saving it from paying the arbitration fees in the amount of 422,500 thousand euros, leaving them to Komaksavia,” the minister said.