2023-06-30 16:08:20
30 June 2023 18:49 30 June 2023 18:49 | Share
The Russian manufacturer of ICT hardware for civil aviation failed to get 330 million rubles from the German SAP representative office in our country. As a result of the trial, he himself must now pay the vendor debts and interest for 5 million rubles.
Perpetrator and victim switched roles
As CNews found out, the Russian radio-electronic enterprise Azimut could not convince the judges that the representative office of the German SAP in Moscow inflicted losses of hundreds of millions due to its withdrawal from our country. Moreover, the ministers of Themis sided with the vendor and considered that the Russian company itself should pay money to SAP. This follows from the documents placed in the file of arbitration courts.
Azimuth, some of whose enterprises date back to the 1950s, according to its own statement, develops, serially produces and delivers on a turnkey basis to civil aviation enterprises means of communication, navigation, landing, surveillance and automation of air traffic control, and also develops and implements projects for equipping and re-equipping airfields and flight control centers.
The Russian organization filed its lawsuit against SAP CIS LLC with the Moscow Arbitration Court on September 29, 2022. Initially, the amount of claims for recovery amounted to 330.1 million rubles, but during the proceedings it was reduced by the plaintiff by 70 million rubles. — up to 260.1 million rubles. In this amount, 63.2 million rubles. fell on the cost of licenses purchased by the enterprise to support previously purchased SAP software, and 196.9 million rubles. – for the expenses of Azimuth for the implementation and integration of this software, carried out by the partners of the organization.
The Azimut radio-electronic enterprise will not receive hundreds of millions from SAP, but must itself pay him money
In the documents of the proceedings, one can find a mention of the fact that, at least in July 2022, Azimut considered the software of the German vendor used by it to be the key to its activities. In particular, the organization used the SAP Hana DBMS and the software package for enterprise resource planning (ERP) SAP S / 4Hana and other vendor solutions.
In turn, on February 7, 2023, the SAP representative office filed a counterclaim against Azimut for the recovery of debt in the amount of 4.8 million rubles, interest for the use of other people’s funds in the amount of 523 thousand rubles. and interest for the use of other people’s funds, starting from December 27, 2022 until the day the debt is actually paid, that is, in a total amount of at least 5.3 million rubles.
As a result, the main claim of Azimuth was rejected by the Russian court, and the counterclaim of SAP was satisfied.
At the time of publication of this material, representatives of Azimuth could not answer CNews’ questions as to whether the organization agrees with the argumentation of the ministers of Themis, and whether it plans to challenge the decision.
Recall that SAP made the decision to suspend its work in Russia for an indefinite period in early March 2022 after the start of the Russian special operation in Ukraine on February 24 of the same year.
What guided the judges
During the proceedings, Azimut stated that as a result of the fact that SAP leaves the Russian market, thereby ceasing to provide technical support for software that was purchased by the organization (including from the official distributors of T-Systems CIS, Intelligence, ASAP software”, “Sabris soft”), she now cannot use the developer’s services in full. In particular, Azimuth cannot generate software keys on the SAP website.
The plaintiff also pointed out that at some point Azimuth received a proposal from SAP CIS to terminate the software maintenance agreement concluded between the parties dated June 15, 2020. The organization, in response to this, expressed a desire to continue cooperation and continue to use the software it acquired in its importance to the operation of the organization.
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Objecting to the satisfaction of the claims, the defendant indicated that the license to use its software was acquired by Azimuth under sublicensing agreements with partners in 2013. “The operation of SAP software and the possibility of its use by Azimuth does not depend on the receipt of support services,” the vendor is quoted judges. “Moreover, in response to the lawsuit, SAP also indicated that Azimuth used SAP software without services for approximately two years, from August 19, 2018 to July 1, 2020. This means that even after the termination of the provision of services, Azimuth has the ability to use SAP software to perform all necessary tasks. The materials of the present case do not provide evidence that the SAP software acquired by Azimuth does not currently work or does not work correctly.”
The court documents say that the plaintiff claims the cost of the software he has been using since 2013 as damages is unreasonable. Directly with the defendant (and not with its distributors), Azimut has been in contractual relations in the line of services only since 2020.
“Evidence that the software did not work from the moment the defendant refused the contract was not presented in the case file,” the documents of the ministers of Themis say. “Azimuth’s allegations about the inability to use the purchased SAP software are unfounded and are not supported by the case materials. Azimuth’s real need to replace SAP software is not confirmed. The decision to purchase a new system is an independent business decision, which is due to reasons not related to the termination of the existing SAP software.”
Azimuth business parameters
According to the Unified State Register of Legal Entities, it was registered in Moscow on February 16, 2005. Asker Saidov is the General Director of the organization. He is also the General Director of Air Navigation and Information Systems JSC.
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According to Kontur.Focus, the legal entity of Azimuth is the legal successor of Kaluga Plant of Telegraph Equipment JSC, whose legal entity ceased operations on February 13, 2023 “by way of reorganization in the form of merger”.
Financial indicators of Azimuth for 2022 are not presented in the public field. At the same time, according to the reporting to the Federal Tax Service, all previous years the organization’s business went uphill. In particular, if at the end of 2019 its revenue amounted to 3.6 billion rubles. with a net profit of 170.2 million rubles, then at the end of 2020 – 2.61 billion rubles. and 191.2 million rubles. respectively, and at the end of 2021 – 3.88 billion rubles. and 296.7 million rubles. respectively.
On its website, Azimut reports that it has all the necessary certificates and licenses to carry out work in the interests of civilian users. The company’s portfolio of orders includes more than 20 types of serially supplied products. The total number of equipment supplied under individual contracts is about 650 units.
“Innovative equipment is being developed in accordance with the International Civil Aviation Organization ASBU Aviation System Block Upgrade Concept and the requirements of the future global ATM system,” the website says.
Denis Voeikov
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