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"Plant 410 Civil Aviation" will not pay for defective parts - court decision

Ukraine

Ilyashev & Partners defended the Ukroboronprom enterprise in a litigation regarding the supply of low-quality components.

"Plant 410 Civil Aviation" will not pay for defective parts - court decision

Ilyashev & Partners Law Firm reported about the successful completion of the process in the interests of the state strategic enterprise" Plant 410 Civil Aviation " , which is part of the State Concern "Ukroboronprom", in a litigation with LLC "Aviastroyprogress" regarding the supply of defective parts for the repair and modernization of An-32 aircraft.

“According to the decision of the Northern Commercial Court of Appeal, issued on February 25, 2021, SE“ Plant 410 Civil Aviation ”will not pay for defective parts. The judicial act came into legal force from the moment it was passed, ”the law firm said in a statement.

According to lawyers, a private company, referring to the terms of an agreement with a state-owned enterprise, in court demanded 12.7 million hryvnia from State Enterprise Plant 410 of Civil Aviation for goods that did not pass proper incoming quality control. Despite the fact that the defective aircraft parts were seized by the investigators of the State Bureau of Investigation as evidence in a criminal case concerning the illegal actions of a private company, the Economic Court of the city of Kiev ruled in favor of the supplier in connection with the allegedly carrying out by the state-owned enterprise a complete procedure for controlling the goods and, accordingly, the deadline payment.

The lawyers of Ilyashev & Partners, who joined the case at the stage of appeal, carried out a systematic analysis of the norms of the Civil, Commercial and Air Codes of Ukraine, Aviation Regulations of Ukraine and proved the incorrect interpretation of the actual circumstances of the case by the court of first instance.

State Enterprise "Plant 410 Civil Aviation" specializes in diagnostics, repair, maintenance, refurbishment and modernization of aircraft "An" in the interests of foreign and domestic customers. Founded in 1948. It is included in the list of enterprises of strategic importance for the economy and security of Ukraine.

МЕТАЛЛУРГПРОМ
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