Resolution of the Supreme Court of Ukraine in the case 824/13/26 dated 11 June 2026

RESOLUTION

IN THE NAME OF UKRAINE

(introductory and operative parts)

11 June 2026, Kyiv

case No. 824/13/26, proceedings No. 61-4749av26

The Supreme Court, composed of a panel of judges of the First Judicial Chamber of the Civil Cassation Court consisting of:

N. Yu. Sakara (judge-rapporteur), O. M. Osiian, V. V. Serdiuk,

court session secretary T. V. Avdieieva,

participants in the case:

claimant – Dimask Holding LTD, respondent – AVY Investment Group LTD, persons who filed appeals: Dnipro Agro Alliance LTD, Limited Liability Company “Boryspilskyi Kombikorm”, Limited Liability Company “Zavod Kyivkombikorm”, Limited Liability Company “Havrylivska Ptakhofabryka”,

with the participation of representatives:

of Dimask Holding LTD – Oleksii Serhiiovych Maslov, Oleksandra Olehivna Sierova,

of AVY Investment Group LTD – Anna Yevheniivna Krysenko,

of Limited Liability Company “Boryspilskyi Kombikorm”, Limited Liability Company “Zavod Kyivkombikorm”, Limited Liability Company “Havrylivska Ptakhofabryka” – Myroslav Mykolaiovych Hnatiuk, having considered in open court session on the premises of the Supreme Court (Kyiv, 28 Povitrianykh Syl Avenue) the appeals of the representative of AVY Investment Group LTD and Dnipro Agro Alliance LTD – attorney Alla Volodymyrivna Hubska, and of the representative of Limited Liability Company “Boryspilskyi Kombikorm”, Limited Liability Company “Zavod Kyivkombikorm”, Limited Liability Company “Havrylivska Ptakhofabryka” – attorney Myroslav Mykolaiovych Hnatiuk, against the ruling of the Kyiv Court of Appeal of 25 March 2026, in the case on the application of the representative of Dimask Holding LTD – Oleksandra Olehivna Sierova for interim measures securing the claim in a case referred to international commercial arbitration, in the case on the claim of Dimask Holding LTD against AVY Investment Group LTD concerning the proper performance of the obligations of AVY Investment Group LTD under the agreement for the sale and purchase of a share (shares) in the authorised capital of Dnipro Agro Alliance LTD dated 22 October 2025,

Guided by Articles 24, 351, 368, 376, 381-384 of the Civil Procedure Code of Ukraine, the Supreme Court, composed of a panel of judges of the First Judicial Chamber of the Civil Cassation Court,

RESOLVED:

1. To allow the appeals of the representative of AVY Investment Group LTD and Dnipro Agro Alliance LTD – attorney Alla Volodymyrivna Hubska, and of the representative of Limited Liability Company “Boryspilskyi Kombikorm”, Limited Liability Company “Zavod Kyivkombikorm”, Limited Liability Company “Havrylivska Ptakhofabryka” – attorney Myroslav Mykolaiovych Hnatiuk.

2. To set aside the ruling of the Kyiv Court of Appeal of 25 March 2026.

3. To refuse the application of the representative of Dimask Holding LTD – Oleksandra Olehivna Sierova for interim measures securing the claim in a case referred to international commercial arbitration, in the case on the claim of Dimask Holding LTD against AVY Investment Group LTD concerning the proper performance of the obligations of AVY Investment Group LTD under the agreement for the sale and purchase of a share (shares) in the authorised capital of Dnipro Agro Alliance LTD dated 22 October 2025.

The resolution enters into legal force upon its adoption, is final and is not subject to appeal.

Judges: N. Yu. Sakara

O. M. Osiian

V. V. Sediuk