AVAS poate fi obligata sa plateasca, din bani publici, despagubiri de peste 17 milioane de dolari * Afaceristii Stefano si Marco au ruinat combinatul metalurgic de la Otelu Rosu
Fratii Stefano si Marco Gavazzi au cumparat combinatul din Otelu Rosu in urma cu 10 ani, la data de 19 aprilie 1999, platind 512.000 USD pentru 70% din actiunile combinatului. Investitorii italieni s-au angajat la plata datoriilor si la investitii de 20 de milioane de dolari, dar nu si-au respectat angajamentele.
Dezastrul economic a fost completat de cel social, salariatii organizand proteste disperate impotriva masurilor luate de noii patroni. Demersurile nu au avut niciun succes - daca la 1 noiembrie 1999, cand societatea si-a schimbat numele din Socomet in Gavazzi Steel, erau 3050 de salariati, dupa trei ani, in luna septembrie 2002, mai avea doar 614 pentru paza, si functionarea sectoarelor strict necesare (centrale electrice, hidro etc...).
Ca urmare, la data de 31 octombrie 2002, Autoritatea pentru Valorificarea Activelor Statului a cerut Curtii de Arbitraj Comercial International a Romaniei rezolutiunea contractului de privatizare. AVAS a cerut arbitrilor (judecatorii Curtii de arbitraj) obligarea fratilor Marco si Stefano Gavazzi la plata de daune interese de 14 milioane de dolari (valoare stabilita pe baza unei expertize extrajudiciare), reprezentand prejudicii cauzate AVAS si societatii privatizate. Reprezentantii statului au mai solicitat retinerea sumelor platite in contul contractului si punerea partilor in situatia anterioara semnarii contractului de privatizare.
Italienii nu s-au lasat si au formulat cerere reconventionala (un contraatac, o contraofensiva, care se face in cadrul aceluiasi dosar). Ei au cerut arbitrilor sa oblige AVAS la executarea in continuare a contractului de privatizare si ca AVAS sa fie obligata la plata de daune de aproximativ 14 milioane de dolari.
Sentinta finala a arbitrilor comerciali, data la 30 octombrie 2007, a fost o adevarata lovitura pentru AVAS! Judecatorii Curtii au dat dreptate statului si au constatat ca desfiintat contractul de vanzare - cumparare de actiuni incheiat intre AVAS si Marco si Stefano Gavazzi, pentru privatizarea SC SOCOMET SA Otelu Rosu (actual Gavazzi Steel), dar a obligat AVAS la plata unor daune uriase.
Urmare a acestei sentinte, Autoritatea a fost obligata sa plateasca sume considerabile, de 14,38 milioane USD si 1,16 milioane EURO, la care urmeaza a se adauga dobanzile legale.
Gavazzi a vrut poprire pe Enel
Dupa sentinta arbitrilor comerciali, AVAS a refuzat sa plateasca suma si a formulat actiune la Curtea de Apel Bucuresti, sectia Comerciala, cerand judecatorilor sa anuleze sentinta arbitrilor comerciali. In urma cu o luna, la data de 18 februarie 2009, Curtea de Apel Bucuresti a suspendat orice cerere de executare. Dupa doua amanari succesive, judecatorii urmeaza sa se pronunte, astazi, daca anuleaza hotararea Curtii de arbitraj sau daca, dimpotriva, ii vor imbogati pe italieni. Inainte de suspendarea executarii sumei, Marco si Stefano Gavazzi au incercat sa obtina banii la tribunalul de la Roma. Cei doi au solicitat, la data de 15 decembrie 2008, infiintarea popririi asupra societatii Enel Spa Italia (firma care a cumparat pachetul majoritar la Electrica Muntenia, Banat si Dobrogea).
Daca Tribunalul din Roma aproba cererea fratilor Gavazzi, orice suma pe care ar fi datorat-o Enel Spa catre AVAS ar fi fost incasata de Gavazzi in limita sumei stabilite de arbitrii comerciali. Tribunalul italian a stabilit termen pentru infatisarea in cadrul Palatului de Justitie la data de 10 februarie 2009, dar Marco si Stefano Gavazzi nu s-au prezentat la acel termen. "In plus, societatea pe care au pus sechestru nu datora nimic AVAS. Prin neprezentarea lor, inseamna, pe procedura italiana, ca dosarul a ramas in <>", ne-au declarat surse din cadrul autoritatii.
Datoriile, platite de la buget
In urma "investitiilor" italienilor, prapad! Lichidatorul judiciar SCP IT Management SPRL (societate de practicieni in reorganizare si lichidare) nu a reusit sa acopere decat o frantura din datoriile Gavazzi. Desi creditori mai sunt cu duiumul, acestia vor ramane "cu buza umflata", lichidatorul propunand inchiderea procedurii deoarece nu se mai gaseste nimc de vanzare in patrimoniul societatii. Autoritatea pentru Valorificarea Activelor Statului nu a reusit sa recupereze decat 1,28 milioane de lei, abia 3% din total. Ar mai fi de recuperat 10,3 milioane datorate de Gavazzi la CAS, si 20,5 milioane de lei, creanta preluata de fostul AVAB (Autoritatea pentru Valorificarea Activelor Bancare) de la Electrica Banat si societatea de distributie gaze. Singura cale legala ramasa de urmat este cea de atragere a raspunderii patrimoniale a persoanelor care au facut parte din conducerea Gavazzi. Judecatorul sindic urmeaza sa ia o decizie in acest sens la data de 14 mai 2009, dar sperantele de a se mai recupera ceva sunt practic desarte.
Italienii voiau mai multe facilitati
Principalul motiv invocat de italieni a fost, potrivit surselor din AVAS, faptul ca nu ar fi fost sprijiniti suficient de statul roman prin acordarea de facilitati. Reprezentantii statului spun insa ca autoritatea nu a dat garantii in acest sens prin contractul de privatizare, mai ales ca la acea data nu exista inca legea de accelerare a privatizarii care a creat cadrul legal pentru acordarea de facilitati. Este de mentionat insa ca italienii au beneficiat in mai multe randuri de bunavointa autoritatilor. Mai mult au actiunile unora dintre factorii de decizie de la acea vreme au condus direct la prejudicii pentru societatile de utilitati, dar "neglijentele" comise in favoarea italienilor nu au fost sanctionate vreodata.
Societatea pe care au pus sechestru nu datora nimic AVAS. Prin neprezentarea lor, inseamna ca dosarul a ramas in <> - Surse AVAS
Profesorul Sitaru, opinie separata
Reprezentantii Curtii de arbitraj au refuzat sa ofere orice amanunt despre dosarul Gavazzi, invocand clauzele stricte de confidentialitate. Am reusit insa sa aflam ca unul dintre cei 3 arbitri desemnati la Curtea de arbitraj comercial international a Romaniei ar fi facut opinie separata, sustinand ca AVAS nu poate fi obligata sa plateasca niciuna dintre sumele cerute de italieni. Profesorul de drept Dragos Sitaru, cel despre care am aflat ca ar fi facut aceasta opinie, a refuzat sa confirme ori sa infirme informatia. "Singurul lucru pe care vi-l pot spune este ca un judecator arbitral este legat de clauze stricte de confidentialitate. Nu am dreptul sa comunic niciun amanunt legat de acest dosar", ne-a declarat Dragos Sitaru.
Prin cenusa imperiului
Otelu Rosu, oraselul situat pe valea Bistritei, nu departe de Resita, a fost
un cunoscut centru al metalurgiei feroase. Atestata pentru prima oara in 1796 , in vremea Imperiului Habsburgic, uzina s-a dezvoltat si modernizat continuu de-a lungul celor mai bine de 200 de ani de existenta. Ultima modernizare a avut loc in 1996 si a vizat imbunatatirea procesului tehnologic de laminare. Dupa esecul privatizarii cu fratii Gavazzi, principalele active au fost cumparate de un fost chirias, Ductil Steel Buzau. Ca urmare, productia a fost partial reluata, dar uzina a avut probleme in mod constant cu investitiile pentru achizitionarea de instalatii destinate reducerii poluarii, motiv pentru care a intrat, in mod repetat, in "atentia" Garzii de Mediu.
That view was reinforced by Census Bureau (adasdfasdf)
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super tare aia cu,,,jumate din ei sunt sange de arabi care treceau balta si loveau intre picioarele ialiencelor,,,,:))))
statul roman (viper)
inca odata se vede cit de proaste sint privatizarile .avem cei mai prosti avocati si specialisti care nu tin cu interesul tarii si chiar sint rauvoitori cind vine vorba de interesul national. nu stiu sa negocieze un contract care sa fie avantajos pt noi singurul interes e comisionul ce il au de incasat ce conteaza ca se distruge industria tarii si ca oamenii ramin pe drumuri si ingroasa numarul somerilor si fabrica se vinde la fier vechi
teapa (italiano vero)
si ne simtim rusinati cand vreun roman face vreo prostie prin italia.astia erau la emigrarea in america cea mai joasa speta de oameni,hoti,perversi,criminali.jumate din ei sunt sange de arabi care treceau balta si loveau intre picioarele ialiencelor.deci multi dintre ei seamana cu o populatie negricioasa de la noi.diferenta o dau,parfumul si gelul de par
Italieni, italieni (marian)
La mafia, cum zic italienii. O mare parte din ei sant esperti in recuperare de fonduri. Din pacate Romania a cules "putregaiul" acestora, fie vindere a statului pentru interese personale, ori investitii care-l platea pe unul din grup bine ca sa vanda pe toti amaratii. Italia ca tara merge ca sa saturat de mafie si incearca sa scape de ea, in schimb noi romanii ..........ba. Romanie ati vreau binele, si tu ca tara vrei binele meu ca cetatean al tau? Sa auzim de bine.
Bani si Onestitatea (Cornel)
Sa inteleg ca acest combinat impreuna cu peste 3000 de oameni a fost vandut pe 500 de mii de euro.Iar aceluiasi muncitor i se cer 100 de mii de euro ptr o casa???!