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28
January
2015

VEGAS LEX has won an appeal for the Urals plant Zlatmash in an unjust enrichment case

On January 21, 2015, the VEGASLEX law firm won a case in the Eighteenth Commercial Court of Appeals for the sake of Zlatmash (Zlatoust Machine Building Plant)* accused of unjust enrichment.

In 2010, Zlatmash changed its power supplier to cut production costs, deciding to buy energy from independent company Arstem Energotreid instead of its former default supplier, Chelyabenergosbyt.

However, it took the plant years to sign an official supply agreement with the independent energy company and the issue is still being considered in court.

The local grid company, IDGC of Urals, filed a RUB140mln claim against Zlatmash, arguing that a grid company is entitled to collect the energy consumer’s unjust enrichment that resulted from contract-free and unaccountable power consumption.

The case was considered by the Chelyabinsk region Commercial Court, which fully rejected the grid company’s claim.

The ensuing appeal was won by VEGAS LEX lawyers, who proved that the grid company’s claim was not legitimate, and defended their client’s interests. The court of appeals upheld the lower court’s ruling.

The ruling in favor of Zlatmash was facilitated by the VL team led by Managing Partner Alexander Sitnikov and Head of the Energy Projects Practice Evgeniy Rodin.

***

The Zlatmash plant, affiliated with the Federal Space Agency, is one of the leading manufacturers of strategic missile systems for the Russian Navy. It is also the largest government contractor in the Chelyabinsk Region. Its products include components for the Sineva submarine-launched ballistic missiles carried by nuclear submarines of Project 667BDRM Dolphin. The company also manufactures civilian products.

For more information on VEGAS LEX’s energy projects practice, please click here.

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