The court has increased balance tasks of Open Company “ Mezhregiongaz “Yesterday the Moscow arbitration has solved business about settlement of disagreements under the contract between Kirovo - Chepetsk chemical industrial complex (KCHHK) and “ Mezhregiongaz “ (MRG) about deliveries of gas to 2005 in favour of KCHHK. It means that MRG should release to industrial complex all demanded volume of gas under balance tasks, that is on 20 - 40 % are cheaper than market price. However the judgement will not come into force before consideration of the appeal which will pass in a month. By this moment workers KCHHK which since February, 24th stands idle from - for gas switching-off, can be already dismissed.
Open Society “ Kirovo - Chepetsk chemical industrial complex “ - the manufacturer largest in Russia ftoroplastov, lets out also ammoniac saltpeter and azotno - phosphoric fertilizers. In February of 60 % of actions of the enterprise has got Open Company “ Constructive bureau “ On which base is going to build chemical holding eks - the president of AK SIBUR Dmitry Mazepin.
the Conflict between Open Company “ Mezhregiongaz “ (the affiliated marketing company of Open Society “ Gazprom “) And KCHHK it was developed in the beginning of year. According to industrial complex, in 2005 it is necessary for it 1,45 mlrd cubic m of gas. However the contract on delivery of gas and has not been signed - MRG has agreed to deliver it on industrial complex within the limits of balance tasks (at controlled prices) only at a rate of 70 % from the demanded volume. Since January, 14th giving of gas KCHHK has been limited, and since February, 24th is completely stopped.
without having managed to agree with MRG, the industrial complex has submitted to the Moscow arbitration court the claim about arbitration under the contract. KCHHK challenged two points of the project of the document presented gazovikami, demanding increase in deliveries under balance tasks to volumes of 2004 (1,31 mlrd cubic) and transfers MRG of advance payments every ten days, instead of by the month.
yesterday the court has considered the claim and has passed the decision in favour of KCHHK. However, as the lawyers representing industrial complex in court have explained, MRG cannot be forced to contract execution in edition KCHHK before consideration of the appeal which will occur in a month, that is in the end of April. Meanwhile 4 thousand workers of industrial complex now “ are on idle time “ receiving two thirds of salary. “ we cannot dismiss employees in a short space of time, - the interlocutor speaks. - According to the legislation, they are necessary for warning for two months. This term will expire in the beginning of April, and dismissals " will begin;. Thus, even if KCHHK will win the appeal and the contract with MRG will be considered as the prisoner, employees by this moment will already lose the workplaces.
and proceeding can be tightened for a long time. Last year similar process with “ Permregiongazom “ conducted Open Society “ Perm minudobrenija “. As Natalia Kotskova has told the chief of legal service of the enterprise, it gazoviki have lowered volume of deliveries of gas under balance tasks twice. Court of the first instance “ Perm minudobrenijam “ has refused, but the industrial complex has won the appeal and the cassation. Nevertheless gazoviki have addressed in presidium of the Supreme Arbitration Court (YOU) with the request to reconsider case in a supervision order. YOU has considered it only on February, 7th, having refused. “ high-grade precedent of consideration of claims about arbitration under contracts of delivery of gas with structures ` Gazprom ` is created, - madam Kotskova ascertains. - But not to stop industrial complex, we had to buy all 2004 considerable volumes of gas at market prices. Now there is a judicial basis to demand with ` Permregiongaza ` money back that we and plan to make “. Nevertheless lost proceeding has not forced gazovikov to change a policy, and now “ Perm minudobrenija “ Have again legal proceedings with them, but already for deliveries in 2005.
it is not excluded, as KCHHK eventually will go on purchase of gas on the terms of MRG with prospect of returning of money upon termination of judicial proceedings. Thus, marketing structures “ Gazprom “ have found an effective way of interest-free crediting at the expense of consumers, receiving in the order considerable volume of means at least for a year.
will watch succession of events.