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Sukhoi Threatens Armavia with legal proceedings about Superjet 100

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  • Sukhoi Threatens Armavia with legal proceedings about Superjet 100

    DEFENSE and SECURITY (Russia)
    August 22, 2012 Wednesday

    SUKHOI THREATENS ARMAVIA WITH LEGAL PROCEEDINGS ABOUT SUPERJET-100

    by Maria Kiseleva
    Source: Izvestia (Moscow issue), August 20, 2012, p. 4



    HIGHLIGHT: ARMAVIA GIVES UP SSJ-100 BECAUSE IT IS UNPROFITABLE AND ITS
    SPARE PARTS ARE EXPENSIVE; Representatives of Sukhoi Civil Airplanes
    (GSS) report that the company is waiting for further actions of
    Armenian air carrier Armavia because of refusal to take Sukhoi
    Superjet-100 airplane back from repair. Spokesperson for GSS Andrei
    Muravyev explains that if the situation goes to a dead end the
    manufacturer of the airplane will file a lawsuit against the Armenian
    company. According to Muravyev, the contract between the companies
    implies that a dispute between the companies will be heard in a
    Russian arbitration court.

    Representatives of Sukhoi Civil Airplanes (GSS) report that the
    company is waiting for further actions of Armenian air carrier Armavia
    because of refusal to take Sukhoi Superjet-100 airplane back from
    repair. Spokesperson for GSS Andrei Muravyev explains that if the
    situation goes to a dead end the manufacturer of the airplane will
    file a lawsuit against the Armenian company. According to Muravyev,
    the contract between the companies implies that a dispute between the
    companies will be heard in a Russian arbitration court.

    Armavia was the starting customer of Sukhoi Superjet-100 (SSJ-100)
    airplane. It purchased the first series-made airliner in spring of
    2011 and had to buy another airplane in June of 2012. This week,
    Armavia announced that it refused to take the airplane from repair.
    The airplane being on the company's balance is undergoing repair on
    the territory of GSS. Representatives of Armavia said, "We think that
    it is not expedient to take the airplane because the airplane has
    needed repair in a year of operation."

    In response, representatives of GSS said that Armavia did not pay $4
    million for it. The Armenian air carrier was also accused that it did
    not pay money for the non-warranty part of the airplane's repair,
    spare parts and preplanned technical maintenance. Representatives of
    GSS explain that the airplane used by the air company is pledged with
    one of Armenian banks and it is necessary to remove this burdening if
    the customer gives the airplane up.

    GSS did not receive documents about termination of the contract yet.
    Muravyev explains that if Armavia wants to terminate the contract
    officially besides the debt for non-warranty maintenance the indemnity
    outlined by the contract will be deducted from the money already
    received by GSS. Representatives of United Aircraft-Building
    Corporation (UAC) of which Sukhoi is a part explained that Armavia as
    operator of the first series-made airplane received a significant
    discount for it.

    Representatives of UAC said:

    - In practice discount for the first customers is not less than 30% of
    the catalog price in the year of signing of the contract. In 2011,
    catalog price of SSJ-100 amounted to $31.7 million. Thus, the Armenian
    air carrier could buy the airplane for about $20 million.

    Besides the payment of expenses of GSS Armavia will also have to
    compensate Vnesheconombank for the expenses on structuring of the deal
    according to agreement between the companies. Representatives of VEB
    said this. Consulting services were necessary because Armavia planned
    to get re-credited by VEB for purchase of the second SSJ airplane
    stated in the contract. However, in early July Armavia announced that
    it would not buy the second Russian airplane because it failed to
    achieve a compromise with GSS. The press service of VEB remarked that
    then Armavia gave up the financing offered by Vnesheconombank for
    purchase of the second Sukhoi Superjet-100 too.

    If the air company does not compromise and the situation goes to a
    dead end Sukhoi may file a lawsuit against Armavia to enforce the
    money.

    A representative of GSS explains:

    - The trial will take place in Russia because the contract has been
    signed in accordance with Russian laws.

    Representatives of Armavia did not deny that the company drew a credit
    for purchase of the first airplane SSJ-100 from one of Armenian banks.
    Along with this, Armavia does not report the details of how the
    company plans to legalize giving up of the airplane.

    Representatives of the air company also say that "the airplane has
    been at GSS in Russia for two months and the company does not plan to
    take it back because it is economically unprofitable."

    Official spokesperson for Armavia explains:

    - All over the world the first models of produced airplanes are
    retrofitted and this is a newly made airplane and that is why it
    requires even bigger retrofitting. Armavia is a small private company
    and it cannot bear the costs of retrofitting of the airplane.

    Representatives of Armavia also complain that spare parts for the
    airliner are more expensive than spare parts for its Western
    counterparts.

    Muravyev says that now GSS is waiting for solving of the problem on
    the state level. Earlier, Prime Minister Dmitry Medvedev ordered the
    Ministry of Industry and Trade and the Foreign Ministry together with
    UAC to work out the matter of operation of Superjet-100 by Armavia by
    September 15.

    According to Editor-in-Chief of Aviaport agency Oleg Panteleev, the
    Ministry of Industry and Trade takes serious effort to persuade the
    Armenian part not to give the airplane up and has a peaceful attitude.
    In this case the conflict may be resolved without a trial. Along with
    this, GSS is in a difficult situation: if an airplane is arrested and
    stays on the ground current payments for it are not received and the
    company bears losses.


    [Translated from Russian]

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