The Stavropol region began an unprecedented trial, a local car dealer company "Stuttgart" wants to sue the company, "Porsche Russland" (Russian "daughterΒ» Porsche AG) half a billion rubles. Stavropol businessmen believe that the distributor has to pay damages and lost profits for failure to extend the contract. Hostage situations became owners of local Porsche, which for a warranty repair machines must go to neighboring regions.
In Stavropol bankruptcy court held the first preliminary hearing on the lawsuit, in which a local car dealer company "Stuttgart" expects to collect from the company, "Porsche Russland," 518 million rubles. In his statement of claim regional dealer said that the dispute has arisen under the terms of agreement entered into between the companies in 2010. The term of the contract expired December 31, 2011, and the head office refused to renew it. As a result, regional dealer has suffered losses and missed the opportunity to profit, says the party plaintiff.
head group of companies "Dream Car" (it is composed of OOO "Stuttgart") Emil Hashimov told "Gazeta.ru" that the major losses suffered as a dealer in connection with the construction of two Porsche dealers in Stavropol and Mineral Waters, which was invested 400 million rubles, which were made according to strict corporate standards Porsche.
Β«The buildings were made by all standards, and now they are preserved, - said Hashimov. - We have invested money, the interest paid to banks, and then were forced to cut staff and pay benefits. "
According to him, because of the peculiar construction standards for salons to remake something else will not be easy.
In "Porsche Russland," insisting that did not renew the contract for objective reasons. "The non-renewal of contracts from scratch does not happen - said" Gazeta.ru "Director of Public Relations" Porsche Russland "Oksana Hartonyuk. - In 2011 the "Shtutgurta 'sales figures were the worst." According to the source, according to the plans for the year, the dealer had to implement 37 cars, and sold 29. "Also, the plan was not executed for the purchase of goods after sales service, have not been met, certain internal processes" - adds Hartonyuk.
Lawyers "Porsche Russland," argued that the plaintiff's allegations are reduced only to the fact that the company refused to renew with Β«Shtutgurat" dealership agreement.
Β«There is no legal obligation to renew this contract was not - said" Gazeta.ru "lawyer" Porsche Russland, "Dmitry Mukhomorov. - It is no accident the plaintiff in his statement of claim failed to refer to any rule of law or agreement which would provide for that we need to extend the dealership agreement. "
Dealer acknowledges that the contract has ended, but the company hoped to extend the agreement. "As a rule, contracts longiruyutsya - said Hashimov. - We did not have any complaints. We are third Dealers "Porsche" in the country. Investing in our greatest - no one has two centers, which are made by all standards. "
The first hearing was chaired by Judge Marina Kerimova. The defendant was represented by counsel, Dmitry and Alexei Mukhomorov Music. From the plaintiff's nobody in the process did not come. The judge read the petition representatives Kerimov, "Stuttgart" to postpone the hearing, as negotiations on the conclusion of the settlement agreement. However, Moscow's lawyers said they never heard of such negotiations.
lawyer Dmitry Mukhomorov, in turn, asked the judge to leave the claim without considering the local dealer, because according to the agreement between the companies any financial disputes should be resolved in the arbitration court, and not in public.
However, the judge stated that he would not consider the case without the second hand, and underwent a preliminary hearing for August 15.
Emil Hashimov Confirm "Gazeta.ru" that is now being negotiated between the companies, which are mainly related to warranty service vehicles that have already been sold. Now the owners offered to all service issues to address in the neighboring regions - Krasnodar and Rostov-on-Don. Thus, buyers for the repair of Porsche cars will cover a distance of more than 300 kilometers in one direction. "People are buying cars, they have three years warranty, now they come to us, but Salon is closed", - said Hashimov. "In the next few months will make decisions that can do warranty we will do," - commented on the situation in the "Porsche Russland."
Earlier in the interview to "Kommersant-Yug" Hashimov said that the problems began after both the "Porsche Russland" in SC "Dream Car" went one of the top managers . "This is a strong manager, and I took it to work in a management company, which is to the operating business," Stuttgart "has a very indirect relationship - said Hashimov newspaper. - Nevertheless, the fact of employment of the manager is not much liked Mr. Thomas Shtertselyu (CEO of "Porsche Russland." - "Times"). We will be CEO of "Porsche Russland" on this occasion there were also, as I thought, they took all the questions, but then I received a letter of refusal to extend the contract without giving reasons and motives. " In "Porsche Russland," "Gazeta.ru" said they did not bind employment a top manager's refusal to renew the contract. "Moreover, to our knowledge, the more people in Stavropol did not work", - the "Porsche Russland."
However, "Gazeta.ru" Mr Hashimov said that the company "Stuttgart" would like to again revive the business of selling Porsche. In "Porsche Russlanld" these words have not yet commented.
Meanwhile, Stavropol region could be left without at all authorized dealers Porsche. "Now there is nobody there, and the competition we have not yet announced, and at this stage have no plans to declare - says Oksana Hartonyuk. - Is solved, as we will continue to develop a global network of dealers. Either there will be announcing the contest, or where the dealer will not do. "
Experts say that the claims of the local dealer can be understood, however, de jure likely to sue "Porsche Russland," half a bit. "There are many dealers want to enter into contracts with distributor for longer periods, - commented," Gazeta.ru "CEO" AUTOSTAT "Sergei Udalov. - Distributors are often simply do not have time to pay off. Process is likely to win at the dealer a little bit, because the contract is likely to prescribed conditions, which the dealer must comply with to be the official representative. Hardly out of nowhere "Porsche" did not renew the contract. It is clear that the dealer has serious costs, but perhaps things have to think in more detail at the stage of contracting. It is each party bears a risk. "
According to the Association of European Businesses in Russia for the 2011 LLC "Porsche Russland" in 2202 sold the car, and six months of 2012 - 1693 car (sales growth of 64%) .
TEXT: Eugene Shipilov