Nadmitov, Ivanov & Partners Law Firm successfully represented the interests of an energy company as a defendant in a lawsuit filed by a railway freight carrier in the Arbitration Court of the East Siberian District in the case of the recovery of damages in the amount of 420 million rubles related to the failure to provide cargo for transportation to to the extent claimed 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. Based on the results of consideration of the cassation complaint, the judicial board refused to satisfy it, accepting our 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.
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