OREANDA-NEWS  The Moscow Arbitration Court on the claim of Russian Railways (RZD) declared illegal the unilateral termination by the structures of the German concern Siemens of the contract with Russian Railways for the repair and maintenance of high-speed trains "Sapsan" dated April 20, 2007 and obliged the defendants to fulfill their obligations under the contract, follows from the information in the file of arbitration cases.

"To satisfy the claim in full," the case file says. The operative part of the decision has not yet been published. The defendants in the lawsuit are the German Siemens Mobility GmbH and the Russian Siemens Mobility LLC. The plaintiff also filed a claim for the recovery of a court penalty in case of non-fulfillment of a judicial act on the resumption of performance of obligations under the contract. The plaintiff asked to collect jointly with the defendants a penalty in the amount of more than 16 million rubles for each day of non-performance from the date of entry into force of the judicial act. This claim was first filed with the Arbitration Court of St. Petersburg and the Leningrad region, but in September he sent it under jurisdiction to Moscow. At the same time, in May, the court in St. Petersburg took interim measures on the claim, handing over to Russian Railways for storage and use the equipment, tools and spare parts belonging to Siemens Mobility GmbH, necessary for the repair of Sapsans.

The court then agreed with the plaintiff's arguments that the defendant is registered in Germany and in the event of the seizure of the specified property from Russian Railways and the subsequent satisfaction of the claims, the return of the property will be impossible due to its location on the territory of another state.