Stockholm arbitration Lithuania refused in obtaining € 1,4 billion compensation from the “Gazprom”, he said on Wednesday the head of the Lithuanian Ministry of Energy Rokas Masiulis, adding that Lithuania is the decision of the Stockholm disappointed.
The lawsuit was filed back in 2012 year, the Lithuanian side it makes claims about excessive, in its view, the Russian gas price in the period 2004-2012 years.
by the way, in March 2015 the Lithuanian Prime Minister Algirdas Butkevičius promised that if he wins in court the proceeds will be distributed as compensation between gas consumers
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The reason for this decision, according to Butkevičius, served as a warning of possible legal speculation “other side” regarding the use of funds for other purposes
Lithuania is. one of the small contractors of “Gazprom” in 2015, she bought only 2.1 billion cubic meters (2.5 of the total consumption, the remaining 0.4 put Norway). Whereas, for example, Germany, the largest consumer of Russian gas to Europe, has bought 45.31 billion cubic meters last year. However, it was the Lithuanian market (as, indeed, and the neighboring Estonia and Latvia) have always been considered one of the most profitable for the Russian company.
The issue price of Russian gas to Lithuania is very complicated. On the one hand, in the period, which they say the Lithuanians in their lawsuit, “Gazprom” has been the sole supplier of gas, and since alternative supplies from other price terms was not, to determine a fair price, respectively, it was impossible for Lithuania. But on the other hand, the difference between the prices for Lithuania and other Western European contractors of “Gazprom” reached $ 50 per 1 thousand. Cubic meters, despite the fact that the international transit costs for deliveries in Lithuania are minimal.
«Arbitration drew attention to the fact that the term” fair value “is abstract in order to assess the potential damage, – stated on the website of the Lithuanian Ministry of Energy. – In addition, the arbitrators decided that the demand to provide gas for the lowest price does not make sense. ”
Head of Dispute Resolution Practice IFC “Horizon Capital” Basil Itskov recalls that disagreement about what the price of fuel is supplied “right” and “fair”, occur frequently. “And, most likely, this is not the last such proceedings, including against” Gazprom “, – the lawyer said. – We can not exclude the possibility of retrying the protection of the interests of the Lithuanian party »
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The head of East European gas Analysis Mikhail Korchemkin considers that the case of the compensation can be complicated due to the fact that the package of agreements on gas supplies from Russia to Lithuania paid a fee for transit to the Kaliningrad region. “It is possible that there is a relationship – the higher transit, the higher prices for Lithuania, and vice versa,” – says expert
The original plaintiffs in a lawsuit pointed out that “Gazprom” has violated the agreement on the formula of formation. prices, which was concluded in the privatization of the company Lietuvos dujos (engaged in the supply and sales of Russian gas to Lithuania, “Gazprom” until recently belonged to 37,1%).
in particular, they talked about what to 2004, with the vote on the increase of the price for Russian gas, some members of the Board of Lietuvos dujos repeatedly “did not act in favor of national companies and the Russian concern”, breaking the contract on privatization.
In October 2012, Arvydas Sekmokas, who was at that time as Minister of energy of Lithuania, said that the cost of thousands of cubic meters of gas to Lithuania has increased since 2004 from $ 84 to $ 497
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The deputy head of the national energy security Fund Alexei Grivach said that violated the law on privatization just Lithuanians, when they began to interfere in pricing Lietuvos dujos, forcing the company to reduce prices in the domestic market. “In response to” Gazprom “has simply become to improve border price with Lithuania”, – says expert
In the end, the Lithuanian authorities have been pushed “Gazprom” to the domestic market, emphasizing the rules of the Third EU Energy Package, prohibiting one and. the same company engaged in the supply and distribution of gas. Two years ago, the Russian monopoly has sold its stake in Lietuvos dujos.
Basil Itskov indicates that if the current situation in Stockholm would take the side of Lithuania, this would create a precedent, according to which importers would in a similar manner to claim compensation for already delivered fuel
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The main opponent of “Gazprom” is now (and it is in the Stockholm court) is a Ukrainian “Naftogaz”. Companies have filed mutual claims for tens of billions of dollars. The total amount of the requirements of the Ukrainian side has already reached $ 50 billion, including – and overpayment for gas. Kiev also believes that the price of Russian supplies was overpriced. Partner law office “Zamoskvorechye” Dmitry Shevchenko says that the deviation Stockholm similar claim from Lithuania does not mean an automatic win of “Gazprom” in the case of compensation to Ukraine, but it greatly increases the chances of the Russian company.
However, the “Lithuanian” case too, may be far from over. As pointed out by Rokas Masiulis, in the output of the Stockholm arbitration states that none of the parties did not provide reasonable arguments. But the cost of the process for each side were determined to € 500 thousand.
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