Russia: Following the rejection of its appeal at the end of July, the French manufacturer filed a new appeal with the Commercial Court of the Volga Federal District.
Both appeals relate to the ruling of the previous instance Commercial Court, which upheld the claim of the bankruptcy trustee of First Locomotive Company, a locomotive building JV. The trustee sought to recover €24.5 mln from Alstom, the legal successor to Bombardier Transportation.
According to the file, First Locomotive Company paid Bombardier Transportation €29.1 mln for the supply of key components for 2EV120 electric locomotives, but only received products worth €4.6 mln. The amount and nature of the products are not disclosed, but it is reported that the firm order was for 200 bogies and 50 sets of traction equipment for €116.9 mln.
In October 2023, however, another commercial court, that of Moscow, found no evidence to require Alstom to pay RUB 2.3 bln (€22.6 mln) as subsidiary liability for the debts of the First Locomotive Company. The claim was filed by both the bankruptcy trustee and the bankruptcy claimant of the Engels Locomotive Plant, which was intended to produce the 2EV120 electric locomotives.
The bankruptcy trustee and the bankruptcy claimant stated that Bombardier Transportation had forced First Locomotive Company to enter into a contract for the supply of equipment for the 2EV120. The contract was not based on reasonable commercial grounds and caused losses to the company that led to its bankruptcy. However, the court considered that the parties had intended to conclude the transaction and found that it was not proven that Bombardier Transportation was a controlling person of the company. In early January, the Ninth Commercial Court of Appeals upheld the decision of the Moscow Commercial Court.
First Locomotive Company’s plans included the production of 2EV120 mainline electric locomotives at the Engels Locomotive Plant in cooperation with Bombardier Transportation. They were produced in 2015–2016 and certified in 2017. The customer, Russian Railways, refused to buy them, so the First Locomotive Company and the Engels Locomotive Plant were declared bankrupt. In early 2023, the production facilities of the latter were sold to Inter Cargo Company for RUB 2.8 bln (€27.6 mln). Two manufactured 2EV120s and the technical documentation for the vehicle were sold to the Locomotivetransleasing company.
