Nadmitov, Ivanov & Partners Law Firm successfully represented the interests of an energy company as a respondent in a lawsuit filed by a railway freight carrier with the Third Arbitration Court of Appeal for the recovery of damages in the amount of 420 million rubles related to the failure to provide cargo for transportation in the amount assumed by the claimant. In support of the claim, the cargo carrier indicated that a tariff was set for its activities, calculated on the basis of the expected volume of cargo transportation, and the provision of cargo for transportation in a smaller volume entails unprofitable activity of the plaintiff. Based on the results of consideration of the appeal, the court collegium refused to satisfy it, accepting our lawyer’s arguments that the defendant acted in full compliance with the terms of the contract, and the disagreement of the freight carrier with the tariff established for him has an independent appeal procedure, while the legislation in the field of tariff regulation provides for a mechanism accounting for shortfalls in income (losses), adjusting the established tariff.
Nadmitov, Ivanov & Partners Law Firm regularly represents clients on issues related to the electric power industry, heat and water supply and tariff regulation.
Tel.: +7 (495) 649-87-12