Finland requires “Gazprom” to reduce gas prices by initiating proceedings in the Stockholm arbitration. At the same time, and so the Finns are buying very small amounts, but get gas is much cheaper than other small consumers in Europe. According to experts, the Finnish claims related to the fact that “Gazprom” plans to withdraw from the capital of the Finnish state-owned company Gasum.
The Finnish Gasum Oy has initiated arbitration proceedings with “Gazprom”. This was the Russian gas monopoly said on its accounts for the second quarter, published on Friday. Notice that “Gazprom export” has received on June 16 the trial will take place in Stockholm.
Finns need to revise the price of supply change price formula (now the price of Russian gas bound to the oil quotes and prices for petroleum products. – “Times”), as well as reduce the level of the minimum volumes of gas extraction (take-or-pay).
As an alternative to the latter requirement Gasum offers to reduce the number of supply contract “to a level equal to the total amount of natural gas, which may be in circulation on the Finnish market with the price determined by the arbitral tribunal.”
In the “Gazprom export” declined to comment on the requirements of the Finns. The representative of the parent company to a request for comment did not respond.
The Finnish Gasum was not the first company that makes “Gazprom” claims on prices and take-or-pay. By the way, due to the latter principle, which implies that the contractor must pay the entire contracted gas regardless of whether he chose it or not, “Gazprom” and the European Commission is dissatisfied. Item take-or-pay is included in the list of claims under the antitrust case brought by the EC against “Gazprom” even in 2012.
In 2012, the Czech RWE Transgas succeeded in solving the Viennese court according to which the company could reduce purchases of Russian gas without penalties, it implies the principle of take-or-pay. And in early 2015 Russia abolished this principle for Hungary. However, there it was a kind of netting – in response to the Hungarians promised to support the project pipeline “Turkish stream.” As for prices, there is “Gazprom” has repeatedly yielded to their European counterparts, providing a discount, and even the Italians were able to reduce the price several times.
By the way, Poland, which in 2012 and has already achieved a reduction in the price of Russian gas for more than 10% (the overall benefit of the Poles was about $ 1 billion) in May, again demanded price revision.
Earlier, market experts have noted that such compliance “Gazprom” is the fact that the monopoly does not want to lose market share in Europe (“Gazprom” is about 30%).
According to the partner of the law office A2 Ryasinoy Natalia, in a dispute with the Finns “Gazprom” must provide tangible evidence of the validity of the existing tariffs for natural gas and argue they can not be revised.
«The court’s decision will depend on the factual circumstances of the case and the evidence base, – explains the lawyer. – In particular, the calculations can be used the average purchase price of natural gas and / or a change (decrease or increase) the purchase price. ”
Partner of the law firm “Kul’kov, Kolotilov and Partners” Oleg Kolotilov recalls that Sweden is a party to the New York Convention on the Recognition and Enforcement of Arbitral Awards. That is, the decision of the Stockholm arbitration will be recognized and enforced in any country party to the Convention (and those are nearly all the countries of Europe and the largest in Asia).
«During the execution of the decision will be to foreclose on the property of the losing side of the world, not only on the movable or immovable property, but also on the rights of claim – -poyasnyaet Kolotilov.
For example, in case of loss of “Gazprom”, if a country party to the Convention somebody will have to pay “Gazprom” for the gas, then the bailiff may order the debtor to pay is not against the Russian company, and address Gasum of duty on account of “Gazprom” to the Finns, arising out of the award. ”
It is especially interesting, according Kolotilova in this situation looks like the fact that now “Gazprom export” requires using the same Stockholm arbitration to reduce prices and take or obligations pay suppliers from Turkmenistan (which not so long ago declared “Gazprom” insolvent – “Gazeta. Ru»).
«It is possible that the representatives of the structures of” Gazprom “will have to take a different, contradicting position to each other – says Kolotilov. – “In the case against” Turkmengaz “insist on lowering prices, but in the suit Gasum argue that it should remain unchanged.”
However, according to the lawyer, “Gazprom” can appeal to the fact that the contract terms are completely different and the need to reduce the price of one agreement does not necessarily mean that both cases should be the same.
The deputy head of National Energy Security Fund Alexei Grivach notes that the claims of the Finns do not look too convincing. According to calculations NESF made on the basis of statements Gasum, if at the beginning of last year the price of Russian gas for the Finnish company was about $ 360 per 1 thousand. Cubic meters, whereas in the first quarter of 2015 it dropped to $ 250, while the second – to $ 210.
«This is the price level of a major customer, Germany, – says Grivach. – For comparison, in Norway, the Russian gas is about $ 248 per 1 thousand. Cube. m ».
At the same time the supply of” Gazprom “in Finland last year amounted to just 3.1 billion cubic meters, while Germany is the same only for the first half 2015 bought 21.175 billion cubic meters. m.
NESF The deputy believes that the demands of the Finns may be related to the fact that “Gazprom” owns 25% of Gasum, he is going to withdraw from the capital of the company, and to arise in Due to these difficulties.
The Board of Directors of “Gazprom” at the end of last year approved the sale of stake in Gasum. However, in early June, the deputy head of Russian gas monopoly Alexander Medvedev, the former head of “Gazprom export”, said the deal has stalled because “there were some issues with the principal owner.” The controlling shareholder of Gasum (75%) is Finland.
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