Construction, EU – Baltic States, Legislation, Lithuania, Railways
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Tuesday, 23.04.2024, 21:57
Skinest files Brussels complaint against Lithuanian Railways
Skinest complained over activities of LG and its
subsidiaries, including LG Cargo, Gelezinkeliu Tiesimo Centras (GTC) and Vilniaus
Lokomotyvu Remonto Depas (VLRD), allegedly distorting competition, and it
also suspects the state company of providing unlawful state aid to its
subsidiaries.
The complaint was filed with the EC's DG Competition in
June, and Brussels then sent question for the Lithuanian government which asked
for more time to provide its answers. They are expected by early September.
"Skinest Baltija believes LG's activity runs
counter to both Lithuania's and EU law and violates interests of all market
participants," Daiva Usinskaite-Filonoviene, lawyer for Skinest
Baltija, told.
Mantas Dubauskas, head of communication at LG, says
the company's overhaul is taking place based on the EU's railway directive, and
LG Cargo's establishment process has been transparent and open as the
whole information has been published.
"The information about the progress of the planned
activity transfer was published back in January. And the inflow of complaints
started in the middle of the year after Vilnius Regional Administrative Court
rejected Skinest Rail's complaint. Skinest appealed against the
decision on the company's owner not meeting Lithuania's national security
interests," he told.
Skinest Baltija told the Commission unlawful state
aid was provided after LG established LG Cargo and invested 30 mln euros
into its capital. Later on, LG transferred assets worth 30.4 mln euros to the
newly established company. The two also signed a joint activity contract under
which human resources, infrastructure capacities and other resources were
handed over to the subsidiary.
Dubauskas says human resources and other assets were
transferred not under a joint activity contract but transferring the whole
freight transportation activity, and that was announced in public. And the
joint activity contract was signed temporarily and is no longer in force.
Skinest Baltija states that the all three
subsidiaries (VLRD, GTC and LG Cargo) buy goods and services non-publicly, set
any qualification requirements and very short deadlines for submitting
applications.
Skinest Baltija has already turned to a Lithuanian
court over the LG subsidiaries' two tenders, including a freight railcar tender
by VLRD and a railcar tender by LG Cargo.
LG says LG Cargo sent information about the railcar
purchase tender to all known producers, including a company linked to the Skinest
group. The company said it sent invitation directly to producers, and not
intermediaries.
"In terms another tender, on the purchase of railcar
parts, VLRD also announced information in public. Skinest took part in
this tender and offered higher prices than other suppliers. And only
afterwards, when it lost the tender, Skinest appealed," Dubauskas
said.
The Public Procurement Office said in June LG's subsidiaries
LG Cargo, GTC and VLRD must be deems contracting authorities and their
procurement tenders must be called under the Law on Public Procurement. LG says
in that case its subsidiaries would be subject to worse competitions
conditions.
In April, another Lithuanian railway services company, LGC
Cargo, also lodged a complaint with the European Commission against LG, as
the company, indirectly linked to well-known former Latvian politicians and the
Russian Railways (Rossiyskie Zheleznye Dorogi) via its major
shareholder, Latvia's Baltic Transit Service, has been barred from
transporting freight via Lithuania.
Speaking with LETA/BNS, LGC Cargo's CEO Sergejus
Graciovas confirmed the complaint had been accepted for processing.