At the hearing on 10 April the decision was announced, according to which the sum was enforced by action from JSC "Metrostroy" in favor of JSC "CONCERN TITAN-2".
The total amount stated was 160 294 223,89 rubles. It is a penalty for the price of unfulfilled work stages at the New Power Units construction site of the Leningrad nuclear power station. The company "Metrostroy” did not recognize the claim and stated that reduction of the penalty was required.
In addition, still in force is the decision of the court on collecting from JSC "Metrostroy" the unjust enrichment in the amount of 249 931 216 rubles, as well as 200 000 rubles state duty related to the case.
This decision is based on the fact that according to the contract for the complex set of commissioning work for the new power units of the Leningrad nuclear power station, OAO "Metrostroy” and JSC "CONCERN TITAN-2" agreed on estimated limits of reimbursement of travelling expenses and transportation of the workers. Thus, JSC "CONCERN TITAN-2" not only reimbursed expenses of JSC "Metrostroy" within the specified limits, but made an overpayment, in consequence of which an unjust enrichment was formed on the side of "Metrostroy”, which is subject to be returned to the JSC "CONCERN TITAN-2".
JSC "Metrostroy” disagreed with the decision and filed an appeal in an arbitration appellate court. By Decree dated April 20 the court of appeal left the appealed decision without change, the appeal without satisfaction.
At present, according to the contracts concluded with the JSC “CONCERN TITAN-2”, the JSC "Metrostroy” is completing the work on the construction of the new power units of the Leningrad nuclear power plant.