18 April 2018, the District Administrative Court in Kyiv city dismissed the claim against the National Bank of Ukraine filed by Farm CompanyPiatykhatska LLC, a lender of CB Khreschatyk PJSC.
According to the case records, in August 2017, Farm Company Piatykhatska LLC filed a lawsuit against the NBU to declare unlawful and cancelthe NBU Board Decision on banking license revocation and winding up of CB Khreschatyk PJSC.
The court’s dismissal of the claim was founded on judgement of the Supreme Court detailed in decisions dated 24 October 2017 on lawsuits contesting removal from the market of Ukrinbank PJSC and Capital PJSCB filed by plaintiffs outside the remit of the NBU supervisory function.
Considering that Farm Company Piatykhatska LLC is likewise not subject to the NBU supervisory function, the court concluded that the plaintiff has not right to contest the decision of the bank regulator.
Please note that at present courts actively rely on the aforesaid judgement of the Supreme Court in cases, where plaintiffs are outside the remit of the NBU supervisory function.