01.10.2013
the plaintiff has failed to prove the fact of unreasonable gains allegedly earned by the defendant
The fourteenth arbitration appeal court has upheld the inferior court judgment on disallowance of the claim of Severstal, JSC for collection of 149.7 mln and 2.2 bln RUB from IDGC of the North-West, JSC.
Severstal, JSC challenged the judgment of the Vologda Region arbitration court dated May 16, 2013 that disallowed collection of the amount that, according to the plaintiff's allegations, was unreasonably gained in December 2009 and January-December 2010. The judicial acts state that “the court, having evaluated the case file documents and the case circumstances in their totality, taking into consideration the relationships having actually developed between IDGC of the North-West, JSC and FGC UES, JSC in connection with usage of the Unified National Energy System facilities as well as the fact that the disputable facilities have been accounted for by the Regional Energy Commission of the Vologda Region during establishment of the tariff for transmission of electric energy for IDGC of the North-West, JSC, concludes that it was IDGC of the North-West, JSC that provided electric energy transmission services with the help of the disputable electric power grid complex facilities”.
The court decision notes that “the plaintiff has failed to prove the fact of unreasonable gains allegedly earned by the defendant”.
