The cassation court approved the recovery of $5.1 million from Airbus in favor of the Rostec subsidiary
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The Arbitration Court of the Moscow District approved the decision of the previous instance in the claim of the leasing subsidiary of Rostec, the Aviacapital-Service company, against the European aircraft manufacturer Airbus for the return of $5.1 million in advance for aircraft for “Aeroflot“, should from the court file.
“Leave the decision (ruling) of the court of first instance and the ruling of the court of appeal unchanged, and the cassation appeal – without satisfaction,” the card states.
In October 2023, the Ninth Arbitration Court of Appeal left The decision of the Moscow Arbitration Court to satisfy the claim of Aviacapital Service (AKS, Rostec leasing company) against Airbus is in force.
Aviacapital Service went to court demanding to recover an advance payment of $5.1 million from Airbus in December last year. The company transferred these funds to the European aircraft manufacturer; they were to be used to pay for future deliveries of eight long-haul A350-900 aircraft and nine A350-1000 aircraft. These aircraft were intended for Aeroflot; they were supposed to fly on routes from Moscow to New York, London, Miami, Dubai, Osaka and Beijing.
However, the planes were not delivered to the Russian Federation, and the money “was appropriated by Airbus under the pretext of sanctions,” Rostec reported. Airbus ignored the pre-trial claims of the Russian side, and the AKS considered the withholding of the advance by the European company as unjust enrichment. Airbus, in turn, petitioned to leave the claim without consideration. The company argued this by the fact that the parties had entered into an arbitration agreement to resolve disputes regarding the production and supply of aircraft in the International Court of Arbitration at the International Chamber of Commerce in Paris.
In May 2023, the Moscow Arbitration Court sided with the AKS and introduced a ban on the consideration of the dispute in foreign authorities.
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