Crimean turbines wouldn't be arrested

The court refused Siemens' request for interim measures.
Siemens failed to impose interim measures on the installation and installation of four turbines that were purchased by Technopromexport and, according to the German company, then, in violation of the terms of the contract, moved to the Crimea. The court found that Siemens did not provide sufficient evidence that the absence of interim measures would complicate the implementation of a court decision in the future or cause damage to the company. The suit itself, in which the German company demands to terminate the deal and return it to the turbines, the court will begin to consider on September 18.

The Moscow Arbitration Court rejected the application of Siemens, in which the company demanded to seize the four turbines sold to Tekhnopromexport in October 2015, and to prohibit their installation. The court's decision of August 18 was published today in the file of arbitration cases. The German company filed a request for provisional measures in the framework of the claim against Rostekh's two structures - OOO VO Tekhnopromexport (OOO TPE), which is building for 71 billion rubles. Budget funds Sevastopol and Simferopol TPP in the Crimea (capacity - 940 MW), and the same-name OJSC, which is in the bankruptcy procedure. The essence of the claim is that Siemens requests to terminate the deal on the sale of turbines, because it believes that in violation of the contract these turbines, which, as stated publicly, were destined for the TPP in Taman, were moved to the Crimea for use in the construction of stations on the peninsula. EU and US sanctions prohibit Siemens from providing equipment and services for facilities in the Crimea.

The court found that Siemens had insufficiently justified the need for interim measures, arguing only that failure to take such measures could make it difficult or impossible to enforce a court decision. Note that in the event that the court arrested the turbines, they could not be used for the construction of TPPs in the Crimea, which are scheduled to be introduced in the spring of 2018. "The applicant did not submit any evidence indicating a possible complication in the execution of the court's decision or causing significant damage to the applicant," the court's ruling reads. Preliminary meeting to consider the main lawsuit the court appointed on September 18. At the same time, the judge demanded from Siemens to substantiate the jurisdiction of the dispute with the Moscow arbitration, considering that the turbines were manufactured and sold by Siemens Gas Turbine Technology LLC (Siemens and Siloviye Mashiny), registered in the Leningrad Region. Thus, it is possible that Siemens will have to change the place of consideration of the dispute and file a new lawsuit.

The scandal with the supply of turbines to the Crimea has already led to complications in the work of Siemens in Russia (the company withdrew from the InterAutomatika service joint venture), the introduction of new European sanctions against the participating Russian companies and officials of the Ministry of Energy - Deputy Minister Andrei Tcherezov and the head of the operational control department and Management in the electric power industry Evgeny Grabchak. The interlocutors of Kommersant, however, suggest: the maximum that Siemens can count on within the scope of the claim - payment of monetary compensation.