The Moscow Arbitration Court has completed the consideration of the dispute between the Ministry of Industry and Trade and the Rostec State Corporation, reducing the fine in favor of the department from 502.5 million to 6.5 million rubles. The sanction was recognized as proportionate to the actual results of the projects.
Case History
A subsidy of 2.127 billion rubles was allocated to Rostec in 2014 for the creation of serial production of CNC machines. According to the subprogram "Machine Tool Industry", by 2020, three enterprises were to create 115 jobs and produce 513 machines for a total amount of about 2.8–2.9 billion rubles.
Following the implementation of the projects, it became known that the enterprises (STP-Lipetskoye, Perm Plant of Metalworking Centers, STP-SASTA) produced 317 machines worth 1.7 billion rubles. The Ministry of Industry and Trade considered the indicators inconsistent with the plan and imposed a fine of 502.5 million rubles.
Court Decision
During the retrial, the court took into account that Rostec had actually achieved the main goal of the subsidy — the creation and technical re-equipment of production facilities.
The arbitration court considered the initial fine disproportionate to the consequences of the breach of obligations, so the amount was reduced to 6.5 million rubles. The decision has not yet entered into legal force and may be appealed.
