Moscow court upholds dismissal of Siemens lawsuit over gas turbines
MOSCOW, March 14 (RAPSI) – The Ninth Commercial Court of Appeals has upheld a lower court’s ruling to dismiss a lawsuit filed by a Russian subsidiary of German conglomerate Siemens against subsidiaries of Russia’s state corporation Rostec over alleged supply of gas turbines to Crimea, RAPSI has learnt in the court.
On November 27, 2017, the Moscow Commercial Court refused to arrest the gas turbines or to prohibit their installation, exploitation, modification or disassembly.
Also, this January the court dismissed a lawsuit over seizure of the turbines filed by Siemens subsidiary against Rostech subsidiaries, Technopromexport companies.
In December 2017, the court dismissed a lawsuit lodged by Siemens against subsidiaries of Russia’s state corporation Rostec, Technopromexport companies, over alleged supply of its turbines to Crimea.
The court also dismissed a counterclaim filed by Technopromexport seeking to recognize a contract with Russian Siemens subsidiary over supply of turbines as partially invalid.
Earlier, the court repeatedly refused to seize four turbines constructed by the Siemens subsidiary and also 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 believes that there is 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 are based on probabilities, the court notes, 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.