Displaying items by tag: Court

Mexico: Cemex says that it is within its rights to have continued using the Punta Venado terminal in Quintana Roo beyond the expiry of its contract with owner Sac-Tun at the end of 2022. Cemex says that it obtained an injunction to continue using the facilities after it began to have difficulty accessing them in late 2022. It subsequently obtained a contempt of court order against Sac-Tun when it tried to prevent it from accessing the terminal.

The Mexican State Prosecutor's Office supported Cemex's re-entry into the Punta Venado terminal on 14 March 2023.

Mexico: US-based Vulcan Materials has accused Cemex of illegally entering and unloading materials at its Punta Venado terminal in Quintana Roo. Vulcan Materials' subsidiary Sac-Tun operates the terminal, which serves its nearby Playa del Carmen quarry. Sac-Tun previously provided handling and unloading services at the terminal for Cemex, under a contract which expired on 31 December 2022. A local court ruled in favour of Cemex in the dispute over its continued use of the facilities on 5 March 2023. A high court intervened with an injunction in favour of Vulcan Materials on 16 March 2023.

Vulcan Materials now plans to take further legal action. It is currently engaged in another legal dispute against the Mexican government for the latter's refusal to renew Sac-Tun's licence to operate the Playa del Carmen quarry. The producer is seeking damages of US$78.9m. The government said that the quarry had ceased to operate in line with requirements under its environmental impact licence and local land use plans.

Bolivia/Mexico: Compañía de Inversiones Mercantiles (CIMSA) has signed a settlement agreement with GCC in the parties' dispute over a transaction affecting shares in Sociedad Boliviana de Cemento (SOBOCE). Law360 News has reported that the settlement does not preclude GCC´s option to recover the settlement amount from other third parties, if necessary.

GCC failed to grant CIMSA a right of preference before selling its 47% stake in SOBOCE in 2011. The Inter-American Commercial Arbitration Commission (CIAC) subsequently awarded compensation to CIMSA. Since this time, the matter has passed through courts in both Bolivia and the US.

Canada: A court has fined Lafarge Canada US$145,000 for a dust spill from its Bath, Ontario, cement plant in October 2019 that 'covered' homes, gardens and cars. The court found that the emission 'caused or was likely to cause adverse effects.' The Belleville Intelligencer newspaper has reported that the Canadian Ministry of Environment previously concluded that no harm to health resulted from the incident.

Plant manager Ignacio Arroyo said "Myself and our plant team unreservedly apologise for the upset and concern that our dust release has caused all of you. We intend to make it right and make sure it never happens again."

Bangladesh: The European Union (EU) and Spanish ambassadors and Swiss chargé d'affaires to Bangladesh have formally requested that Bangladeshi authorities lift all restrictions on LafargeHolcim Bangladesh's sale of crushed limestone in the country. The Financial Express newspaper has reported that Bangladeshi court previously ruled in favour of LafargeHolcim Bangladesh's right to sell its crushed limestone 'on the open market' on 5 January 2022. Limestone Importers and Suppliers Group had challenged the legal status of such sales, given that the raw limestone used in LafargeHolcim Bangladesh's produces its crushed limestone production is imported from India.

The Bangladesh government granted LafargeHolcim Bangladesh, a subsidiary of Switzerland-based Holcim, a temporary licence to resume its crushed limestone operations on 27 March 2022. This resulted in protests by local limestone producers.

Pakistan: A court has ordered a report by the Environmental Protection Agency (EPA) into alleged breaches of emissions rules at Kohat Cement's Kohat Cement plant in Babri Banda, Khyber Pakhtunkhwa. The Dawn newspaper has reported that alleged dust and chemical emissions from the plant have contributed to a local rise in cases of cancer, asthma and lung diseases, according to complainants.

Residents have filed a petition for contempt proceedings against the EPA and Kohat Cement, as well as local and provincial government authorities. The court previously ordered the EPA to monitor Kohat Cement's emissions in 2018. At that time, it also instructed Kohat Cement to operate its electrostatic precipitators system at all times that cement is being produced. Local residents claim that the plant has continually failed to operate the system.

US: Mexico-based GCC must pay US$36.1m in compensation to Bolivia-based Compañia de Inversiones Mercantiles (CIMSA) in their dispute over deal concerning shares in Sociedad Boliviana de Cemento (SOBOCE). A US court issued the latest ruling after refusing to recognise an earlier judgment by a Bolivian court on 10 January 2023.

Milenio News has reported that GCC is expected to appeal the US court's decision.

Kenya: The Supreme Court of Kenya has ordered lenders Absa Bank and KCB Group to not seize Savannah Cement's assets or appoint administrators or receivers for it after the producer defaulted on its debts. The producer's debts include US$2.41m in interest and US$110,000 in penalties. The temporary block will stand until the court issues further directions. Business Daily News has reported that the court has ordered Savannah Cement to pay US$81,200 to Absa Bank by 28 December 2022.

Savannah Cement director Benson Sande Ndete alleged that lenders coerced the company into repaying US$40.6m-worth of debt. The law forbids interest payments greater than the principal sum of a loan.

Ndete said, "The firm is working to complete the funding of its Kitui clinker plant project, which will allow it to get all the funds necessary to clear the debts."

Sweden: The Land and Environmental Court has granted Cementa a four-year permit to continue mining operations in Slite on Gotland. The latest temporary permit was set to expire at the end of 2022. Both the Environmental Protection Agency (Naturvårdsverket) and the county administrative board of Gotland recommended rejecting Cementa’s application earlier in 2022. Prior to this the central government extended the cement company’s mining licence by one year from late 2021.

The subsidiary of Germany-based Heidelberg Materials said that it viewed the latest four-year permit as a ‘bridge’ until it is able to secure a long-term permit. It is aiming to submit an application for a 30-year permit in 2023.

India: A court has dismissed Shraddha Binani's petition against summons by the Ministry of Corporate Affairs' Serious Fraud Investigation Office in its investigation of alleged related party transactions by the former Binani Cement. Mint News has reported that 'huge funds' from the company's related parties entered Binani's bank account, beginning in 2010.

Under corporate insolvency resolution proceedings, Binani Cement underwent acquisition by Aditya Birla subsidiary UltraTech Cement, becoming UltraTech Nathdwara Cement, in 2018.