A defamatory application was made to protect Oschadbank’s business reputation following allegations in the ‘Hungarian case’
Austrian law firm Binder Grösswang, acting on behalf of and in the interests of Oschadbank, made an application to the Commercial Court of Vienna, Austria, seeking an injunction relief against Boryslav Bereza to prevent him from disseminating false information that damages Oschadbank’s business reputation. Asters acts as Oschadbank’s national counsel in this case.
The application was filed at the defendant’s registered address in accordance with the Austrian Civil Code and the Unfair Competition Act. Under Austrian law, the issuance of an injunction is a legal measure aimed at ensuring prompt protection of the claimant’s rights and preventing further dissemination of false information.
Among the materials submitted to the court by legal advisors are details of the incident involving the unlawful detention in Hungary of the bank’s vehicles, cash and valuables, as well as the use of torture against members of the cash collection team. The text of the statement also includes an explanation provided by the legal advisor to the Austrian court regarding the context of the false allegations made against the Oschadbank by the defendant.
If injunctive relief is granted in favour of Oschadbank, the defendant will be immediately obliged to refrain from making and disseminating statements, particularly on social media, alleging any wrongdoing by Oschadbank and its officials in connection with the ‘Hungarian case’, and to delete all previous publications containing such statements.
The fact that Hungary returned the bank’s employees, cash-in-transit vehicles, as well as cash and valuables without bringing any charges, is a confirmation that such statements are baseless.
The facts regarding the incident in Hungary, which have been repeatedly emphasised by Oschadbank, are the following:
- transportation of funds and valuables was done based on an international agreement between Oschadbank and Raiffeisen Bank International AG. The consignment was processed in accordance with international transport regulations and applicable European customs procedures
- packaging of the cash and gold was carried out in accordance with all regulatory and transport requirements
- Oschadbank holds a valid licence for international transportation issued by the State Service of Ukraine for Transport Safety
- during a full-scale war, banks transport valuables exclusively by land. Such transportations were held on a regular basis
- funds transported from Vienna to Ukraine via Hungary are owned by Oschadbank. They were transported to Ukraine for their further use in circulation and to supply the cash market in Ukraine
