A feigned deal: Forbes found out the details of Siemens's claim for Crimean turbines

The German concern believes that Tekhnopromexport has misled vendors, and demands to recognize the deal on the delivery of all four gas turbine plants as invalid and return them.
Origin source
The Moscow City Arbitration Court on July 11 registered the lawsuit of the German concern Siemens to the company Tekhnopromexport (part of Rostekh) because of the delivery of turbines to the Crimea, followed by a file of arbitration cases. In addition to Technopromexport, the defendant in the case is a joint venture between Siemens and Power Machines - OOO Siemens Gas Turbine Technologies.

According to the case materials with which Forbes was acquainted, the plaintiff assumes that the actions of Technopromexport were originally aimed at introducing OOO Siemens Technologies of Gas Turbines into confusion and, in the guise of using it to construct a power station on the Taman Peninsula, to purchase from him Four gas turbine units for subsequent actual use in the construction of power plants in Sevastopol and Simferopol.

OOO Siemens Gas Turbine Technology concluded a contract for the supply of seven gas turbine units with JSC "Foreign Economic Association Tekhnopromexport", specifically indicating in the document a ban on the use of supplied equipment in the Crimea and indicating the place of permitted use - on the Taman Peninsula of the Krasnodar Territory. Having signed the document, the defendant ensured that the gas turbine units would not be used at power plants that had a connection to the energy system of the Crimea.

The contract price of March 10, 2015 was about € 213 million, the cost of one gas turbine unit was set at € 27,950,000, but for four installations, measures to increase seismic stability, as well as other additional services and related equipment were also ordered. At the same time, the deliveries were divided into two stages - four units, and then three more. In accordance with the contract, four of the seven facilities were transferred to the customer.

However, on October 16, 2015, the Foreign Economic Association Tekhnopromexport concluded a contract with OOO Tekhnopromexport for the amount of € 129.18 million, which involves the delivery of four gas turbine units, which are described by the purchase from Siemens of gas turbine technology. "If OOO STGT knew that four gas-turbine units are being purchased for their subsequent use in the construction of power plants in Sevastopol and Simferopol (which is prohibited by European Union legislation), STGT LLC would obviously not have made such a deal," it says. Materials, which was familiar to Forbes. The plaintiff demands to recognize the transaction for the delivery of four gas turbine plants invalid and return them, or reimburse the full cost of the equipment supplied. The authors of the claim note that the media reported on the installation of installations in the Crimea, in this regard, the plaintiff demands to seize the gas-turbine plants delivered to Russia and prohibit their actual owner from conducting the installation.

Official position

The state corporation Rostek declined to comment on Forbes this information, Forbes also requested a comment from Technopromexport. Siemens official representative in Russia, Christina Nevskaya, said that there is no additional information on the suit, in addition to what was stated in the press releases of the company. Details of the claim in the company do not comment. In turn, the representative of Siemens in Munich, Wolfram Trost, explained to Forbes that the lawsuit is directed against Technopromexport, rather than the joint venture of Siemens Gas Turbine Technologies. He clarified that the filing of a claim including this company is of a technical nature and is necessary due to the peculiarities of Russian arbitration legislation.

The European Commission is in contact with the German authorities on the possible supply of Siemens turbines to the Crimea, a representative of the European Commission told RIA Novosti. Representative of Siemens Philip Ench told RIA Novosti that the German concern does not have evidence that the turbines in the Crimea belong to him, but he has reasons to believe so.

In turn, the Minister of Industry and Trade of Russia Denis Manturov said that the Russian side provided the maximum legal correctness when using Siemens technologies in the production of turbines for thermal power plants in the Crimea. The German company was forced to go to court because of pressure, he said in an interview with TASS. "They are forced to do this, they are pressured by an" older brother "from across the ocean. In doing so, we ensured the maximum correctness in terms of the use of those technologies that were used in this case. Turbines have a Russian certificate, so colleagues should not be affected that much, "Manturov said.

Earlier, Reuters reported, referring to sources, that Siemens turbines were delivered to the Crimea, bypassing the sanctions of the European Union. The construction of two thermal power stations at 470 MW (in Simferopol and Sevastopol) is planned by the federal target program "Social and economic development of the Republic of Crimea and the city of Sevastopol until 2020", which provides for the development of the peninsula's energy 49 billion rubles. TPP is being built by Tekhnopromexport, a state-owned company