DEFENSE Minister Antoni Macierewicz the ball bounces, maintaining that the expectation of compensation from Poland for no reason, because the French did not fulfill the promise of offset. It is rather the Polish industry is entitled to expect compensation for capacity niekonstruktywnych negotiations conducted in good faith.
the Cause of much irritation Airbus is not only the breakdown of the negotiations, but also the fact that the French, to catch with the delivery of the helicopters in 2017, without waiting for the completion of negotiations offset, started pre-production of the first batch caracali. The French press reported that a group helikopterowy sure he is invested in this already tens of millions of euros.
Tom Enders, the head of the aviation giant, he said he had the impression that for months was the lifting by the current Polish government.
I never was so dishonest, as is the government, he said. Enders made no secret of its disappointment with the situation surrounding the contract for the multipurpose helicopters.
Airbus really wanted to invest in Poland, and we wanted to contribute to the creation of a competitive aviation industry and space in this country. However, the government of Poland slammed the door. We take this into account, said Enders.
the Head of Airbus Group has not explained what legal action the group will take in respect of Poland. – The amount of the claim depends on the contents of the letter of intent and other documents of the negotiations – said the lawyer Gennady Kiełtyka, a partner at law LEGAL Kiełtyka KG Gładkowski. They can be possible to claim future profits of the contractor, as well as to set upper limits of requirements of the parties or the possible penalties, he adds.
it is also Important which law will be deemed reasonable in a court proceeding as a basis for the assessment of the dispute. If the Polish (as evidenced by the fact that Poland was supposed to be the place of delivery and location of the customer), the game in addition to the contract amount wchodziłyby also lost profits, including marketing, as well as all costs associated with the negotiation and preparation of a proposal.
according to Margaret Kiełtyki arbitration is conducted, as a rule, in a neutral country. Can last up to several months.
Tuesday, before it was published the statement of the head of Airbus, Prime Minister Beata awl and guide MON calmed the mood of the local Aviation Enterprises No. 1, which was supposed to be the main beneficiary of the offset. The French promised investments corresponding to the equivalent of the contract, the transfer of technology and employment in Poland to 6 thousand. employees.
Antoni Macierewicz ensures that, despite the refusal of the French helicopters WZL No. 1 by 2020 full portfolio of orders, repairs, and guaranteed that each selected supplier of the helicopters will have to place in the Boat service center.
Jerzy Gruszczyński, a military expert, believes that the dispute rational approach will prevail, because both sides have much to lose. Neither in Warsaw nor protest Paris is not a break cooperation of the valve. Airbus is interested in contracts for the supply of combat helicopters Tigre Lee flying tankers MRTT. Other French companies are counting on the supply of its products, including Dassault aircraft for VIPs, and DCNS – submarines. The subject of using your business can be worth billions of dollars anti-aircraft gun missile from MBDA factories.
the Biggest dispute between a foreign investor and the Polish government was this about the privatization of PZU – Eureko of the Netherlands you are odsprzedało promised in the contract resztówki a controlling stake, to which the investor has complained in arbitration in London. Around the Treaty prywatyzacyjnej concluded Minister Emil Wąsacza broke political Scam – doing business, even the Commission of inquiry of the diet. An eight-year dispute in the Dutch family and team, political, ended in 2009. agreement between the Ministry of Finance Alexander ” Grada. Eureko left damages 35.6 billion, taking to 4.8 billion rubles, and wanting a gradual exit from the owners of the insurance company.
For the Minister ” Grada completed the dispute of the owner of a cellular network Era (currently T-Mobile). One of the threads of the dispute was the intervention of the French Vivendi to arbitration of damages from the Treasury in the amount of 1.9 billion euros.
the arbitration Proceedings are chiseled on the basis of international treaties on mutual protection and promotion of investments. At the beginning of the year, the Ministry of Finance said that it is necessary to reconsider the validity of maintaining such agreements in force. Indicated that 11 trials in which the value of disputes is estimated at 8-9 billion UAH. Not all treatments are known. It is known that 1.5 billion rubles of compensation required by the shareholders of telecommunication Sferii. British Darley Energy Poland want the granting of concessions for the exploration of salt potasowo magnesium in Pomerania or compensation, and the canadian company Lumina restoring the concession for the search of copper in Lubuskiem. Almost 2 billion requires Abris Capital, which KNF ordered to sell the shares acquired novita.
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