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New York court keeps YPF (NYSE: YPF) in Petersen and Eton Park case

Filing Impact
(Neutral)
Filing Sentiment
(Neutral)
Form Type
6-K

Rhea-AI Filing Summary

YPF Sociedad Anónima reports a new development in ongoing U.S. litigation brought by former shareholders Petersen and Eton Park against the Argentine Republic and YPF.

On September 17, 2025, the U.S. District Court for the Southern District of New York issued an order denying YPF’s request to permanently bar the plaintiffs from seeking recovery from YPF based on their September 15, 2023 final judgment against Argentina, and directed YPF and the plaintiffs to continue the discovery process. The order does not decide whether YPF is an alter ego of the Argentine Republic, a status YPF strongly denies. YPF states that it will continue to defend itself using all applicable legal procedures and available defenses.

Positive

  • None.

Negative

  • Injunction request denied: The U.S. District Court refused YPF’s request to permanently enjoin plaintiffs from seeking recovery from YPF and required discovery to continue, maintaining YPF’s direct involvement in the New York proceedings.

Insights

U.S. court keeps YPF exposed to discovery in high-profile shareholder case.

The U.S. District Court for the Southern District of New York denied YPF’s request to permanently prevent Petersen and Eton Park from pursuing recovery from YPF tied to their September 15, 2023 judgment against Argentina. The court instead ordered the parties to continue discovery.

This keeps YPF directly involved in U.S. proceedings over the plaintiffs’ alter ego theory, which YPF argues is barred by res judicata and strongly denies on the merits. The order is procedural and expressly does not decide whether YPF is an alter ego of the Argentine Republic.

The case remains on appeal in the Second Circuit, while discovery proceeds at the District Court level. Future court rulings—both on appeal and on any alter ego determination—will be important in clarifying YPF’s potential exposure in this litigation.

 
 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 6-K

 

 

REPORT OF FOREIGN PRIVATE ISSUER

PURSUANT TO RULE 13A-16 OR 15D-16

UNDER THE SECURITIES EXCHANGE ACT OF 1934

For the month of September 2025

Commission File Number: 001-12102

 

 

YPF Sociedad Anónima

(Exact name of registrant as specified in its charter)

 

 

Macacha Güemes 515

C1106BKK Buenos Aires, Argentina

(Address of principal executive office)

 

 

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F:

Form 20-F ☒   Form 40-F ☐

 

 
 


YPF Sociedad Anónima

TABLE OF CONTENT

 

ITEM 1

Translation of letter to the Argentine Securities Commission dated September 19, 2025.


LOGO

City of Buenos Aires, September 19, 2025

COMISIÓN NACIONAL DE VALORES (“CNV”)

25 de Mayo 175

City of Buenos Aires

BOLSAS Y MERCADOS ARGENTINOS S.A. (“ByMA”)

Sarmiento 299

City of Buenos Aires

A3 MERCADOS S.A. (“A3 Mercados”)

Maipu 1210

City of Buenos Aires

Present

Ref.: Relevant Fact – Judicial Proceeding in New York

Dear Ladies and Gentleman,

The purpose hereof is to comply with the requirements set forth in Article 2, Chapter I, Title XII of the Rules of the CNV (T.O. 2013, as amended and supplemented), and the corresponding ByMA and A3 rules.

On September 17, 2025, the United States District Court for the Southern District of New York (the “District Court”) issued a memorandum and order (the “Order”) in the proceedings brought by Petersen Energía Inversora S.A.U., Petersen Energía S.A.U., Eton Park Capital Management, L.P., Eton Park Master Fund, LTD. and Eton Park Fund, L.P. (collectively, “Plaintiffs”) against the Argentine Republic (the “Republic”) and YPF S.A. (“YPF”), which are currently pending on appeal in the United States Court of Appeals for the Second Circuit.

As disclosed in our financial statements, on August 12, 2024, YPF filed a brief requesting that the District Court permanently enjoin Plaintiffs from pursuing recovery from YPF in connection with their September 15, 2023 final judgment against the Republic, arguing that Plaintiffs’ alter ego theory is barred under the doctrine of res judicata. In its Order, amongst other things, the District Court denied YPF’s request to enjoin Plaintiffs and ordered Plaintiffs and YPF to continue with the discovery process. The District Court’s decision does not decide the question of whether YPF is an alter ego of the Republic, which YPF strongly denies. YPF will continue to defend itself in accordance with all applicable legal procedures and available defenses.

Yours faithfully,

Margarita Chun

Market Relations Officer

YPF S.A.


SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

    YPF Sociedad Anónima
Date: September 19, 2025     By:   /s/ Margarita Chun
    Name:   Margarita Chun
    Title:   Market Relations Officer

FAQ

What did the New York court decide about YPF in the Petersen and Eton Park case?

The U.S. District Court for the Southern District of New York denied YPF’s request to permanently block Petersen and Eton Park from seeking recovery from YPF, and ordered both sides to continue with the discovery process in the ongoing litigation.

Does the court’s order declare YPF an alter ego of the Argentine Republic (YPF)?

No. The order explicitly does not decide whether YPF is an alter ego of the Argentine Republic. YPF states it strongly denies being an alter ego and will continue to defend itself using all applicable legal procedures and defenses in the case.

Which plaintiffs are involved in the New York proceedings against YPF (YPF)?

The plaintiffs are Petersen Energía Inversora S.A.U., Petersen Energía S.A.U., Eton Park Capital Management, L.P., Eton Park Master Fund, LTD., and Eton Park Fund, L.P. They previously obtained a final judgment against the Argentine Republic on September 15, 2023.

How does this order relate to the September 15, 2023 judgment against Argentina (YPF)?

Plaintiffs hold a September 15, 2023 final judgment against Argentina, and sought recovery efforts involving YPF. YPF asked the court to bar these efforts, arguing res judicata. The court denied that request, so plaintiffs may continue pursuing recovery claims involving YPF.

What legal argument did YPF make in its August 12, 2024 filing (YPF)?

On August 12, 2024, YPF filed a brief requesting a permanent injunction preventing plaintiffs from recovering from YPF, arguing their alter ego theory was barred by res judicata. The District Court’s order rejected this request and kept the discovery process moving forward.

Is the YPF litigation also before the U.S. Court of Appeals for the Second Circuit (YPF)?

Yes. The proceedings involving YPF and the Argentine Republic are currently pending on appeal before the U.S. Court of Appeals for the Second Circuit, while the District Court’s latest order governs ongoing discovery between YPF and the plaintiffs in New York.
Ypf Sa

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