MOSCOW, June 14 - RAPSI, Fyodor Shatsillo. A commercial court of appeals has upheld the dismissal of Ametech's $79 million lawsuit against the Rosoboronexport state corporation, the court told the Russian Legal Information Agency (RAPSI/

The court has turned down Ametech's appeal against the Moscow Commercial Courts March 5 decision not to collect 2.588 billion rubles ($79 million) from the export intermediary.

Ametech Chief Engineer Vladimir Vishnevsky told RAPSI that the enterprise was unable to complete a 2001 order from a foreign customer on time due to a lack of financing. When Rosoboronexport provided the necessary funds, it was too late to fulfill the order.

Ametech sought to recover 1.63 billion rubles ($55.63 million) from the arms dealer in lost profit, as the order would have brought Ametech $50 million.

It also demanded 120 million rubles ($4.1 million) in penalties for "non-productive financing," which increased the time for the order fulfillment by six years.
Ametech was unable to pay wages for two years, Vishnevsky added.

As a result, Ametech sought partial compensation amounting to 16 million rubles ($546,150). He noted that its activities have not been financed since May 2009.

The defendant refused to meet the claims, stating that the plaintiff failed to understand their contractual relations. Ametech sought the funds from Rosoboronexport, although it only acted as an intermediary between the customer and the contractor, who was responsible for the contract's implementation, the defendant added.

According to the defendant, the statute of limitations expired in 2007, as the Ametech CEO said the company's rights had been violated in 2004. The plaintiff claimed the violations began two years ago.

Ametech is a research and engineering complex and laser-guided artillery weapons manufacturer.

Rosoboronexport is a global arms market leader. It is the only Russian government importer and exporter of defense and dual purpose products, techniques and services. It deals with 80 percent of the country's military equipment exports.