Nadmitov, Ivanov & Partners Law Firm successfully represented the interests of the energy company as a defendant in the case concerning the lawsuit filed by the railway freight carrier before the Arbitrazh Court of the Rostov Region in a case for the recovery of damages in the amount of more than 77 million rubles related to the failure to provide cargo for transportation in the amount of alleged by the plaintiff. 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. After the examination the court decided to decline the claims of the plaintiff, accepting our arguments that the defendant acted in full compliance with the terms of the contract, and the disagreement of the cargo 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 for accounting shortfalls in income (losses), adjustments to 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.
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