SUEK Wins 2.5 Billion Rubles in Penalties from United Wagon Company

Court Orders Payment of This Amount for Violation of Wagon Delivery Terms

United Wagon Company (UWC) must pay SUEK 2.5 billion rubles. This decision was made by the arbitration court. The company was fined for disrupting the supply of freight wagons. This became the reason for the legal proceedings.

The Ninth Arbitration Court recovered the specified amount from UWC for the non-delivery of about 9,000 gondola cars, which were to be delivered in 2023–2024. Previously, the company returned an advance payment of 1.4 billion rubles and won a case for 965 million rubles for disrupting last year's contract. As a result, SUEK's claim was partially satisfied, out of the initially claimed 4 billion rubles.

The total volume of the contract disruption is 46.4 billion rubles. SUEK was supposed to receive 12,000 wagons, but only 13 wagons out of the expected 7,000 were delivered in 2022–2023. UWC explained this by problems with the supply of components.

The first trial took place in 2024. The amount of the claim then amounted to 1.6 billion rubles, but the court of first instance reduced the amount to 50 million rubles and declared the contract between SUEK and UWC terminated. The Ninth Arbitration Court overturned this decision, which allowed SUEK to recover 964.8 million rubles.

The 4 billion ruble lawsuit filed by the SUEK coal company in August of this year was rejected by the first instance. The court noted that the returned advance payment and the previously recovered penalty already constitute sufficient compensation. At the same time, the court of appeal increased the amount of the penalty, pointing to the need to take into account the periods for which it should have been calculated.

SUEK lost 4.6 billion rubles due to delays in the delivery of wagons in 2022. In general, for the period of "improper performance" of the contract, the coal company suffered losses of almost 19 billion rubles.

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Sources
RBK

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