The structure of Rostec demanded from Siemens to reimburse the court for the turbines

© AFP 2018 / Michele TantussiСтроительство gas turbine at the Siemens factory. Archival photoThe structure of Rostec demanded from Siemens to reimburse the court for the turbines© 2018 AFP / Michele Tantussi

Included in «rostec» the company «VO «Technopromexport» (TPE) has submitted to the Moscow arbitration court the statement with the requirement to collect from the Russian «daughter» Siemens 80.4 thousand dollars of legal costs, should be published in Thursday’s court ruling.

A statement filed in the case on the suit of OOO «Siemens gas turbine technology» (STGT, 65% owned by Siemens, 35% — «Power machines»), in which the plaintiff demanded to recognize the illegal your turbine supply agreement with JSC «VO «Technopromexport» (JSC TPE, the structure of «Rostec») from March 10, 2015, and to require four gas turbines from illegal possession, OOO TPE.

Arbitration courts of three instances completely rejected the demands of STGT. The courts, in particular, came to the conclusion that the claim would be prejudicial to the sovereignty of Russia. As noted in the decision of arbitration of Moscow, the consequence of the satisfaction of claims would be a de jure application in Russia of economic sanctions of the EU, which «clearly would contravene the principles of public order of the Russian Federation detrimental to the sovereignty of the state».

The courts have also considered unproven the plaintiff’s arguments that the disputed contract was concluded under influence of deception on the part of JSC TPE, which allegedly was originally going to put the turbine is not in Krasnodar Krai and the Crimea. STGT in August filed an appeal to the Supreme court, which asks to review the case. It is not yet considered.

Statement, OOO TPE of compensation by the claimant of the expenses incurred by the defendant in connection with litigation, was brought in the arbitration of Moscow on October 23. The court has appointed consideration on 26 November. In accordance with Russian procedural law, the prevailing party shall be entitled to claim recovery of their litigation costs from the losing party.

Russia’s Supreme court in October rejected the appeal of another Siemens STGT and to court decisions of three lower courts failed to Siemens in the first lawsuit to the structures of «Rostec» for the supply of turbines for construction in Crimea of thermal power plants. In that case the plaintiffs demanded to recognize the illegal two deals with the delivery of the turbines between the STGT and JSC Technopromexport and JSC between TPE and TPE, and also to apply consequences of their invalidity in the form of return of turbines the manufacturer is a Russian subsidiary of Siemens.