Russian Supreme Court dismisses Siemens subsidiary’s appeal in turbines case
MOSCOW, October 16 (RAPSI) – The Supreme Court of Russia has refused to review a lower court’s ruling dismissing a lawsuit filed by Russian subsidiary of German conglomerate Siemens against Technopromexport companies controlled by Russia’s state corporation Rostech over recovery of four gas turbines, the court documents read.
In March, the Ninth Court of Appeals upheld the Moscow Commercial Court’s ruling of December 2017 dismissing a lawsuit against Technopromexport filed by Siemens Aktiengesellschaft and its subsidiary seeking to find a deal over supply of gas turbines to Crimea unlawful.
The Moscow court also dismissed a counterclaim filed by Technopromexport seeking to recognize a contract with Russia’s Siemens subsidiary over supply of turbines as partially invalid.
Earlier, the court repeatedly refused to seize four turbines constructed by the Siemens subsidiary and dismissed a motion to prohibit their installation.
According to the Moscow court, the plaintiff did not provide any evidence to support its claims. The court held that there was no proof that Technopromexport companies took actions that could damage the applicant and ones that could prevent a court ruling from coming into force. All arguments of the plaintiffs were based on probabilities, the court noted, adding that taking measures against the defendant could upset the balance of interests in the courtroom.
In July 2017, Siemens asked the court to seize four turbines constructed by its subsidiaries and prohibit defendants from installing these turbines, acquired in 2015. The court dismissed this claim due to the lack of evidence.
In September, the court dismissed the conglomerate’s claim due to the lack of evidence. In October, the Ninth Commercial Court of Appeals dismissed an appeal against the ruling.
On October 16, 2017, Technopromexport filed a counterclaim against Siemens also seeking to recognize a contract with the Russian Siemens subsidiary over supply of turbines as partially invalid.
Earlier, reliable sources told Siemens that at least two out of its four gas turbine installations provided for a project in Southern Russia were transferred to Crimea.
Siemens believes that these actions are in clear violation of the conglomerate’s distribution contracts prohibiting a client to provide equipment to the region. Siemens initiated investigation into persons responsible and filed lawsuits with the Moscow Commercial Court seeking cancellation of all additional provisions to Crimea and return of equipment to its original point of destination.