Amsterdam Court rejected the request of Victor and Viorel Topa against Otiv Prime Holding Company (OPH) belonging DP President, Vladimir Plahotniuc. The court's argument is insufficient evidence from complainants. However, the court canceled the seizure applied on November 21, 2014 on the amounts the company owned to several banks, and Victor Topa and Viorel were ordered to pay costs in the amount of 3,486 euros.
According to the Dutch court's decision from March 8, 2016 " it is not enough for the applicant to support only in general terms, that the third party acted negligently. Additional circumstances must be brought in this case, such as intent to harm the shareholder, by acting in such a way."
However, the arguments presented by Victor and Viorel Topa as that of raider attacks at Victoribank, after which they lost some of their assets had occurred because of actions of Vladimir Plahotniuc and OPH, are not enough. "Since there were not presemted additional circumstances, such as the intention of the OPH and others to prejudice Topa and others as shareholders and their capacities private, it can not be assumed that OPH and others infringed special standard of care. This leads to the conclusion that Topa can not submit their own application for damages against OPH ", says the Dutch court's decision.
Vladimir Plahotniuc said on his Facebook page: "They accused me, they accused the Speaker of the Parliament and some of my colleagues in the Democratic Party, they went to Holland to sue us. I said once in an interview that leave time to do the job and the truth will come out. It is time and two decisions of judges in Amsterdam confirmed that the accusations of the Topa brothers about the so-called "raider attack" on Victoribank are unfounded and without evidence.
First, a court in the Netherlands has decided not to accept the case against me and some of my colleagues from DP to trial, as defendants, then judged on the topiary complaints against the company OTIV Prime Holding. Just the other day, March 8, the second decision of the judges was pronounced, which clearly says that their allegations are unfounded and without evidence! Specifically, they lost the case that even they had filed during the electoral campaign in the elections of 2014. The great myth of how they were "victims" of a "raider attack" at Victoribank fell and other lies together with it. Time will enlighten other false allegations promoted even nowadays in the public space.”
On the other hand, Viorel Topa said: "The court in Amsterdam, though rejected, for now, the request on grounds of jurisdiction, confirmed the rest of the facts on theft from banks and companies of Moldova and namely that Plahotniuc was behind OTIV, which was confirmed by Dutch representatives of OTIV in their testimonies. A second application was concerning exclusively the Dutch entities of OTIV company and its employees, and it was more of a formality. Plahotniuc was talking namely about this one in his Facebook post. The Court considered that the Dutch have known about fraudulent scheme (Moldova raider attack perpetrated by Plahotniuc) and therefore can not be held accountable for that personal or corporate. Lawyers have not yet decided whether to appeal this decision or not, since its not relevant to the question ".
According to Viorel Topa, the Court of Amsterdam pronounced the decision on jurisdiction and other procedural elements, but not on the matter itself. "Acts of raider attacks and criminal role of Plahotniuc are undeniable and the Dutch court just added some evidence where it was missing. The criminal case is still pending before the Court of Amsterdam up to this date," said Viorel Topa.