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The court found the tender for a fishing plot in Primorye invalid

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17.08.2014 22:39

Regional arbitration court considered the claim of "Troika" LLC, participant of the tender held in Primorye on the distribution of fishing plots in Terneisky dsistrict, to "Aquatechnologies LLC and Primorsky Territorial Administration of Russian Fishery. The plaintiff insisted that the tender commission has violated the Rules of the tender organization (in terms of lots 6 and 8) allowing for trading a company that does not meet their criteria. "Aquatechnologies" LLC, despite the fact that it is located in Dalnegorsk district and has no fish processing plants in Terneisky district, received two fishing plots with quotas, as told Yulia Belikova. Deputy Director of "Troika” to Fishnews " 

It should be mentioned that for the same reason - lack of plants in Terneisky district - three of six applicants have been refused. Among them is "Danko" LLC that took part in the proceedings as a third party. According to the lawyer of the company, as opposed to "Aquatechnologies" they offered 10 mln. RUB instead of 2.7 mln. RUB for the lots. According to the "Danko" representative that is how the principle of equality of participants was violated and consequently the law “On Competition Protection”.

- Permit for LLC “Aquatechnologies”, in fact, violated the rights and interests of other participants and led to incorrect determination of the winner. Thereby it deprived the existing coastal processing facilities of other contestants of industrial raw materials, and the inhabitants of the three northern villages of Terneisky district (Peretychikha, Samarga, and Agzu) of work, and hence their livelihoods. Such actions can be called "cannibalistic", as said the lawyer of "Danko".

Representative of “Aquatechnologies” company called these arguments "lyrics".

Having considered the case materials, the Arbitration Court of the Primorsky Krai recognized the results of the tender conducted by Primorsky territorial administration for conclusion of the contract to provide the fishing plot for coastal fisheries in the subzone of Primorye in the part of lots 6 and 8 invalid. Also contracts between TU and LLC “Aquatechnologies” have been recognized invalid on these plots. In addition, the court ordered the Primorsky territorial administration to return 2,765,000 rubles to LLC “Aquatechnologies” for the provision of the fishing plot within ten days from the date on which the judgment becomes final.

It is worth noting that despite the recognized violations the company "Aquatechnologies" was an unconditional winner. Fishing season is almost completed, harvest and products have already been sold, and the company will get money spent during the tender. Fishnews


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