The Fifth Appellate Court, located in Vladivostok, in the next few days to consider the appeal, LLC «Pacifico Marine» on the decision of the Arbitration Court of Primorye, rastorgnuvshego contract for construction of a passenger catamaran and awarded with «Pacific Marine» in favor of the State Unitary Enterprise Primorsky Territory «Gosnedvizhimost» 110 million rubles advance payment under the contract. Recall the background «catamaran case.» Total catamarans should have been three, «Moscow», «St. Petersburg» and «Vladivostok», worth more than 100 million rubles each. All catamarans built for administration of Primorye (during the governor Sergei Darkin) and the State Unitary Enterprise «Gosnedvizhimost» for the APEC Summit in Vladivostok and were intended for a safety net in case the bridge on the Russian island will not be ready for the Summit. In this case, the participants and guests of the forum would bring from the mainland to the island by sea. Ltd. «Pacifico Marine» by building «turnkey» one of the three passenger catamarans, and that forms the body of the second catamaran in the series. The Company conducted its operations with borrowed from OAO «East Wharf \’production facilities. The company «East Wharf», in turn, had a contract to build two catamarans. Shipbuilders were not able to meet the deadline and as a result, the state client was passed only one «first-born» — catamaran «Moscow». The second — «St. Petersburg», built «East shipyard» and was not delivered to the customer on time. «Refuseniks» were placed in a warm shed «Eastern shipyard.» The company intends to put it up for sale. With the «Eastern Shipyards» in favor of the Maritime Administration, was recovered 2000000 rubles penalty for breach of contract for the supply. A third family of catamarans — «Vladivostok», was built entirely «Pacifico Marine» for 7 months, but not gone down to the water and thus not transferred to the customer. According to the «Pacific Marine» to do so in a timely manner was not possible because of the actions of the management of «East Wharf,» which allegedly blocked the possibility of transporting the vessel (only 200 meters of the plant) to the water\’s edge and blocked the experts\’ Pacifico Marine «access to the territory Plant. Earlier in Vladivostok held arbitration process, which confirmed the decision of the first instance to recover from the «Pacific Marine» in favor of «Eastern shipyards» 1.8 million rubles unjust enrichment for electricity consumption during the construction of the catamaran. The Court upheld the decision of the Arbitration Court of Primorye, in which a «Pacifico Marine» (the defendant) in favor of «Eastern shipyard» (plaintiff) was collected 1.8 million rubles of unjust enrichment. Now we have a new round of «catamaran case.» Appeals will be considered the complaint «Pacifico Marine» on the decision of the Arbitration Court of Primorye. April 92013 the Arbitration Court of Primorye made the decision to recover with «Pacifico Marine» (Primorsky Krai) in favor of state-owned enterprises «Gosnedvizhimost» (Primorsky Krai) 110 million rubles penalty for missing the deadline for delivery of the catamaran «Vladivostok». Maritime Arbitration Court in April this year, this claim is fully satisfied and for interim measures seized the catamaran, owned by «Pacific Marine» on the right of ownership.
Eugene Zhitnikova