The court refused «Aeroflot» in the recovery of 576 million rubles from the manufacturer of the SSJ100

© Fotolia / Sebastian DudaВ the courtroom. Archival photoThe court refused «Aeroflot» in the recovery of 576 million rubles from the manufacturer of the SSJ100© Fotolia / Sebastian Duda

The Moscow arbitration court dismissed the claim of «Aeroflot» about collecting from JSC «Sukhoi Civil aircraft» (SCAC), the manufacturer of Sukhoi Superjet 100 aircraft, more than 576 million rubles, the correspondent of RIA Novosti news from the courtroom.

The largest Russian airline was required to recover damages under a contract of supply of ten aircraft SSJ100 on June 2, 2011. According to the plaintiff, the defendant has not fulfilled its obligation to assist Aeroflot in obtaining state subsidies for compensation of leasing payments for aircraft.

The plaintiff relied on the decision of the government from 2002, which for Russian airlines that lease aircraft, provided compensation from the budget of the part of lease payments. Simultaneously with the contract for delivery of planes «Aeroflot» has signed the contract of leasing «VEB-Leasing», therefore, according to the plaintiff, received the right to grant the defendant in the agreement pledged to promote it. According to the representative of the airline, the aircraft manufacturer has even committed itself to compensate the claimant for damages in case of non-receipt of subsidy.

GSS representative stated in court that subsidies are provided only if they are provided in the budget. According to him, at the time of conclusion of the contract of leasing «Aeroflot» in the 2011 budget subsidies for it were not provided, so «it was already clear that the receipt of subsidies is impossible.» In addition, said the defendant, «Aeroflot» did not meet government-established criteria for receiving subsidies, as from 2002 to 2010 has not entered into leasing contracts.

GSS representative also reported that on the first SSJ100 aircraft was not «surplus of consumers,» so they sold below cost and so the manufacturer was forced to conclude a disadvantageous contract with «Aeroflot». In addition, at the meeting on Thursday, he noted that «Aeroflot» indirectly received subsidies through the leasing company, as the budget is subsidized by the lessors interest rates on loans in the banks for which they bought the aircraft. Thus, according to defendant, «VEB-Leasing» has received under contracts with «Aeroflot» grants amounting to more than 2 billion rubles.

The arbitration of Moscow in July rejected another similar claim «Aeroflot» to the GSS for the recovery of about 2.1 billion rubles under the contract of delivery of 30 aircraft signed in 2005. The decision is not appealed. According to the representative of the GSS, it entered into force.

The President of the United aircraft Corporation (UAC), which includes the GSS, Yury Slyusar, commenting on the proceedings with «Aeroflot», has previously stated that the company actually took over the government obligations for the payment of subsidies. According to him, the aircraft manufacturers should not be held responsible for the fact that in the process of accession to the WTO subsidy was cancelled in connection with which «Aeroflot» has formed a revenue shortfall.

GSS was formed in 2000 to create new models of civil aircraft. Currently, the main project of the company is the program of creation of planes Sukhoi Superjet 100. Sales regions — Russia, CIS, China, India, the middle East and Southeast Asia. GSS shareholders are JSC «Company «Sukhoi» and strategic partner — World’s Wing SA (a subsidiary of the Italian Alenia Aermacchi, a Finmeccanica group).