On July 8, 2021, JC requested the Court of Salerno to issue a payment injunction against Teda for an amount equal to Euro 51,834,145.70, given by JC to Teda pursuant an Indicative Financing Heads of Terms (“FHoT”). On July 19, 2021, the Court of Salerno issued the relevant injunction.
On November 16, 2021, the payment injunction was challenged by Teda, which argued the FHoT actually dissimulated a de facto company or a “dominance agreement” pursuant to art. 2497-quinquies ICC: so, the payment injunction should be revoked (the “Teda’s Counter-claims”). JC insisted on his reimbursement claim (the “JC’s Claim”).
The Judge of the Salerno Proceedings, on October 4, 2022, ordered the separation of the proceedings and referred the Teda’s Counter-claims to the Special Business Division of the Court of Naples (“Salerno’s Decision about Jurisdiction”).
