The court in Russia: Damen Shipyards Gorinchem B.V. must pay 5 million euros

The Federal State Unitary Enterprise Rosmorport has won a court case against the Dutch company Damen Shipyards Gorinchem B.V. in Russia.

The Moscow Arbitration Court has decided to recover 598.627.836.75 rubles (approximately 5.5 million euros) in favor of Rosmorport.

According to court materials, Rosmorpot and Damen signed several contracts in 2020. Under the contracts, Damen was supposed to construct two tugboasts and a vessel for Rosomporot with the function of an oil collector.

In total, Rosmorport paid Damen 27.793.500 Euros under the contract. However, due to the Russian invasion in Ukrain, Damen refused to fulfill its obligations.

“Within a week after the invasion, we decided to suspend the delivery of vessels that had been ordered and the signing of new contracts with Russian and Belarusian clients. Later, the Dutch government’s sanctions against Russia rendered those deliveries and contracts impossible,” the company stated.

To return the money, Rosmorport contacted ING Bank (Eurasia), which acted as a guarantor for the transaction, and received 1,834,549.9998 rubles from it.

However, the dispute did not end there. Rosmorport claimed that it paid 27.793.500 euros, equivalent to 2.433.177.836.55 rubles at the time of payment, but received less due to exchange rate changes – 1.834.548.990.80. According to Rosmorport, it suffered losses in the form of lost funds in the amount of -598.628.367.5 rubles due to negative exchange differences.

Damen filed a counterclaim but the Moscow Arbitration Court rejected it.

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