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Court to consider cassation appeals filed by Linde's subsidiaries against RusChemAlliance

Earlier, the court dismissed Linde’s appeal, but admitted for consideration the cassation appeal by Linde GmbH

MOSCOW, August 16. /TASS/. Two subsidiaries of Germany’s Linde have filed cassation appeals against the decision taken by the Russian court to collect about 113 billion rubles ($1.2 bln) for the benefit of RusChemAlliance (the operator of the project for the construction of a gas processing and liquefaction complex in Ust-Luga in Russia’s Leningrad Region), according to the court files.

Consideration of cassation appeals by Linde Engineering Rus and Linde UK Holdings No.2 Limited by the Arbitration Court of the Northwestern District is scheduled for September 5.

Earlier, the court dismissed Linde’s appeal, but admitted for consideration the cassation appeal by Linde GmbH.

In May and June 2022, Linde notified RusChemAlliance about the suspension of work under the contract (it acted as an EPC contractor and supplied part of equipment as part of implementation of the complex in Ust-Luga) due to sanctions imposed by the EU. The Russian company did not agree with this position, saying that the sanctions did not cover work under the contract. In particular, EU sanctions only prohibit the supply of equipment for liquefying natural gas, but not equipment for gas processing and the construction of a gas processing plant.

Since works on Linde’s part never resumed, RusChemAlliance terminated the contract with the German company and sent it a claim regarding the existence of a dispute. At the same time, a number of banks were also unable to fulfill their obligations to RusChemAlliance and pay bank guarantees due to sanctions. After this, RusChemAlliance filed claims for recovery against Unicredit Bank AG, Bayerische Landesbank, Deutsche Bank, Commerzbank and Landesbank Baden-Wurttemberg totally worth over 1.1 bln euro.

Later, the Arbitration Court of St. Petersburg and the Leningrad Region fully satisfied the claim of RusChemAlliance against Linde and its structures for a total amount of about 113 billion rubles. The court also turned Linde's shares in its subsidiaries in favor of RusChemAlliance. The dispute concerned the collection of debt from Linde under a contract for design, procurement and construction of a gas processing plant in Ust-Luga. The court also partially satisfied the claim of RusChemAlliance to prohibit Linde from initiating and continuing legal proceedings abroad.

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