A preparatory hearing in a case in which Ninoslav Pavić sues Marijan Hanžeković's lawyer for "fraudulent acquisition" of the majority stake in Europapress Holding (EPH) and asks for a payment of 260,7 million kuna because, as alleged in the claim, compensation for damage caused by fraud and profits is scheduled for 11. November at the Zagreb Municipal Civil Court.
In the lawsuit, Hin said, the former majority owner EPH Pavić, seeking compensation for damages from Hanžeković's deception, seeks payment of 72,3 million kuna, on the basis of compensation for damage due to the loss of 188,4 million kuna.
In addition, Pavic filed a document titled "Relationships of EPH members after the implementation of the pre-accession treaty" as the legal basis of his claim, which he concluded with Hanžeković in January 2014. and which, collectively called the Termsheet, was based on the implementation of a change in the ownership structure of the leading newspaper and publishing company in Croatia.
According to this agreement, EPH Hypo Alpe Adria Bank of Croatia (HAAB) debited the debts of the largest creditor of the 60 to the 70 million kuna as part of the EPH pre-accession settlement process. It was foreseen that Hanžeković would take 90 by EPH recapitalization, or by repurchasing receivables from Hypo Bank.
Pavić, having relinquished relations with his former partner, German WAZ, had to enter his free shares in EPH company into a new Euro incentive company that would take over the 49 fee without charge. After that, a new ownership structure was envisaged, according to which Hanzekovic in the company of Euro incentives had 51 percent, Pavić 49 percent. This company would have a total 90 of shares in EPH, and the German WAZ would have the remaining 10 percent.
Subsequently, 49 of Ninoslav Pavic's ownership would be pledged to Hanzekovic's benefit, and it was foreseen that Pavić was obliged to conduct EPH's business in accordance with the pre-trade settlement plan and "paying attention to a good businessman".
According to this plan, Pavić should return his leading role in the newspaper company by gradually lifting Hanzekovic's pledge provided "that the plan is realized and if EPH realizes and pays profits".
The payment of the profit was provided in such a way that every year from the net profit of the joint venture Hanžeković shall be paid 9,5 percent deducted from its total recapitalization amount and that the pledge will be fully discharged when "EPH company pays as much profit to MH as initial relationship of recapitalization / redemption of claims ".
Pavić claims that Hanžeković did not make his part of the deal
However, according to Pavić's lawsuit, Hanžeković after investing 45 million at the end of 2014. did not make its share of the Termsheet deal - he did not transfer to Pavić a business share that gives 49 a percentage of rights and obligations in the company Euro incentives. Pavić claims in his lawsuit that without his knowledge he changed the company's Euro incentives to Hanza Press, which still held shares in EPH. Pavić also states that he subsequently initiated new negotiations with Hanžeković about his stake in Hanza Press, but also with 18. December 2014, shortly after the EPH General Assembly, Hanžeković stopped responding to the phone and refused any communication with him or his advisers.
According to Pavic, Hanzekovic has not heard from that time and then realized that he had been deceived because, as alleged in the lawsuit, he "acquired fraudulently the property representing 44,1 of the stake in the EPH company".
Subsequently, in March of this year he filed a lawsuit behind which, as he pointed out for Hina, stands in its entirety, as nothing has changed in the meantime. Meanwhile, on Hanover's Fairpress.eu website, recently, explained the reasons for the suspension of the business arrangement with Ninoslav Pavić.
"The contract was not realized due to the criminal activities of Mr. Pavic for which a criminal complaint was filed. It's about the 12,5 million credits EPH has given to Pavić personally, which Pavić has deleted from the business books, "Hanžeković said.
Commenting on Hanzekovic's statement, Pavić for Hino claims that his former ex-partner disclosed, as he claims, the scale of scams.
"Hanzekovic first claimed that there was no valid contract at all. Now he admits that this 'non-existent' agreement still exists and admits that he has unilaterally violated it. This is a big step towards truth and I'm happy about it. Hanzekovic threw our contract into the junk because he realized that EPH is a healthy company that operates with profit, that he has enough free money in the account to properly settle the obligations and that the value of 90 per share of EPH is worth 176 million, and not 45 million how much he paid to meet a deal with Hypo Bank. That is, for a completely unrealistic amount, which is slightly higher than what was at that moment in the EPH accounts, violently gained 90 of ownership in EPH, and not just as much as it was contracted for an amount of 45 million, actually belonged, "Pavić said.
He also stresses that, in order to "understand the scale of scams", it should be noted that according to the financial report for 2014. which Hanzekovic filed with Fini, EPH's profit amounted to 50 million kuna.
Hanzekovic is entirely opposed to the lawsuit
On the other hand, in response to Pavić's claim, Hanžeković claims that he is fully opposed to the lawsuit and the lawsuit filed. It also claims that it is a legally unfounded view that the Termsheet is a contract, but a document that "by its content and form is not a binding agreement but a plan of non-binding activities for its participants".
In addition, he also accused Pavic that after the signing of the "Termite" he raised "actions at the expense of EPH to unlawfully release the loan repayment obligations to EPH in the amount of 12,3 million kuna".
Hanžeković claims that after the signing of the name of General Ethiopia Pavić as the responsible person in EPH, "he superseded the EPH decision of 13. February 2014. which stated that it had been "discharged" as a claim of the company towards Ninoslav Pavic "and that abusing its position at the expense of EPH falsely displayed the financial business of that company for its illicit management.
He also states that he filed criminal charges against Pavić in March because of this controversial loan.
The former majority owner of EPH, on the other hand, rejects Hanžeković's charges.
"In order to justify his decision to make such a reading company that he did not create and to pronounce on its founder, he invented some kind of criminal acts that were not or could not have been. This Hanzekovic knows best because he was familiar with all the details of the EPH business, with all the financial and auditor reports, with all plans of the pact, etc. He filed a criminal report, therefore only and exclusively to conceal his fraud and to find any alibi, faced with my serious lawsuit, "Pavić told Hina.
They also claim that from the signing of the contract with Hanžeković to the takeover of EPH in that company, two persons were employed by his office responsible for financial control, personnel and legal issues, who did not have the slightest remarks.
"No decision, including the smallest payment, could be carried out without their knowledge and approval," Pavić said and adds that he filed three lawsuits against Hanžeković and filed a criminal charge for scams.