News date: 29 June 2021
On 29 June 2021, the Supreme Court upheld the decision of the Northern Commercial Court of Appeal issued in favor of the state-owned strategic enterprise Plant 410 Civil Aviation in a dispute with Aviabudprogres LLC regarding the supply of defective spare parts for the repair and upgrading of An-32 aircraft.
According to the court decision, the aircraft repair enterprise of State Concern Ukroboronprom shall not pay for counterfeit components. The court decision is final and not subject to appeal.
It is to be recalled that the private company, referring to the terms and conditions of contract entered into with the state-owned enterprise, claimed from State Enterprise Plant 410 Civil Aviation the compensation of UAH 12.7 million for the goods that did not pass the incoming quality control.
“The aircraft spare parts have so far been taken away by the investigators of the State Bureau of Investigation as evidence in the criminal case into the illegal actions of Aviabudprogres LLC and, taking into account the fact that the goods are substandard, they will unlikely be returned to the supplier. The persons involved in the supply of defective components must be heavily punished within the limits of criminal liability, since we are talking about aviation security and human lives”, – said Oleksandr Pashchenko, Director of SE Plant 410 CA.
The interests of SE Plant 410 CA in the case were defended by the attorneys at law of Ilyashev & Partners Law Firm under direct supervision of Senior Partner, Honored Lawyer of Ukraine Roman Marchenko.
SE Plant 410 CA carries out diagnostics, repair, maintenance, refurbishment and modernization of An aircraft in the interests of foreign and national clients. Established in 1948. It is included in the list of enterprises having strategic importance for the economy and security of Ukraine.