Displaying items by tag: Court
French Supreme Court hears Lafarge’s appeal over Syria charges
20 September 2023France/Syria: Lafarge defended itself against charges of endangering its employees in Syria before the French Supreme Court on 19 September 2023. The company, since acquired by Switzerland-based Holcim, has admitted to paying ‘several million euros’ to terror groups while continuing to operate in Syria in 2013 – 2014. The court will also hear Lafarge’s appeal over charges of complicity in crimes against humanity. It will give its ruling on 7 November 2023.
Associated Pan Malaysia Cement secures right to evict monks from Gunung Kanthan caves monastery
18 September 2023Malaysia: A court has granted Associated Pan Malaysia Cement (APMC) the right to evict Buddhist monks from the Gunung Kanthan caves monastery in Hulu Kinta, Perak. The land is part of a site where APMC has leased 146 hectares of land for limestone extraction. New Straits Times News has reported that the producer operates quarries in Zones A and B of the site, but has yet to commence extraction from Zones C and D. Local authorities had previously given assurance that mining operations ‘would not disturb’ the monastery.
Monks from the Thudong tradition established the Gunung Kanthan caves monastery across two caves in Gunung Kanthan hill in the early 20th century. Today, it contains numerous artefacts and works of art.
Russian prosecutor’s office drops claim for expropriation of Heidelberg Materials’ Russian business
14 September 2023Russia: A court has accepted a request by the Prosecutor General’s Office to drop a claim for the appropriation of Russian assets of Germany-based Heidelberg Materials by the Russian government. The assets include shares in cement producers HeidelbergCement Rus and Shale Cement Plant Cesla, as well as minerals producers Gurovo-Beton and Syryevaya Kompaniya.
A lawyer for the prosecutor’s office said “The state's interests can be protected by other lawful means.”
Heidelberg Materials suspended new investments in its Russian business on 10 March 2022. The Prosecutor General’s Office subsequently requested its expropriation, following which a court froze the assets in August 2023. Interfax News has reported that representatives of Heidelberg Materials’ Russian business then made an undertaking to the Russian government, according to which they would maintain their prices, production volumes and number of employees.
Shareholder dispute at Jaypee Bhilai Cement threatens Dalmia Cement (Bharat)’s Jaiprakash Associates cement acquisition
14 September 2023India: Dalmia Cement (Bharat) faces a potential stumbling block to its planned acquisition of Jaiprakash Associates’ cement business for US$683m due to an on-going shareholder dispute at subsidiary Jaypee Bhilai Cement. The Economic Times newspaper has reported that a court has frozen Jaiprakash Associates’ 74% shareholding in the company, and ordered it not to create new third party rights. State-owned Steel Authority of India Limited holds the remaining 26% stake in the cement producer, which operates the 2.2Mt/yr Bhilai Jaypee grinding plant in Durg, Chhattisgarh.
Dalmia Cement (Bharat) and Jaiprakash Associates concluded multiple separate agreements for the transfer of ownership of Jaiprakash Associates’ cement subsidiaries on 26 April 2023. Besides Jaypee Bhilai Cement, these include cement plant and limestone mine operator JP Super and grinding plant operator Jaiprakash Power Ventures.
Cockburn Cement wins appeal against emissions fine
11 September 2023Australia: Cockburn Cement has mounted a successful appeal against a US$187,000 fine for odourous emissions from its Munster cement plant in Western Australia in 2019. Business News Western Australia has reported that the company had been found guilty of six charges related to emissions violations. In its latest judgment, the court revised the company’s fine to US$159,000. It also granted the company leave to further appeal.
Tanzania: The Tanzania Fair Competition Tribunal (FCT) has ruled that Heidelberg Materials subsidiary Scancem International cannot acquire Tanga Cement from AfriSam at present. The Fair Competition Committee had previously approved the acquisition to proceed in February 2023. In its latest ruling, the FCT found that the commission had not been within its powers to set aside a previous court ruling of the FCT, dated September 2022. The FCT acknowledged that the market situation may have changed since its first ruling, but underlined the need for legal procedure.
Judge Salma Maghimbi said “The act or conduct of the two respondents did not send a good message to the public, nor to potential investors who would have been interested in coming to invest in our country.”
India: ACC says that it will not carry out an independent investigation into its parent company Adani Group. US-based short-seller Hindenburg Research accused the group of stock manipulation and accounting fraud involving a 'labyrinthine network' of shell companies in January 2023. Prior to making its accusations, Hindenburg Research obtained a short position on Adani Group. An investigation into Adani Group's activities by the Securities and Exchange Board of India will conclude on 14 August 2023. Filings have also been submitted to the Supreme Court of India.
The Business Standard newspaper has reported that ACC said "Pending final outcome of regulatory investigations and related proceedings, the company has decided to not carry out any separate independent investigation in the matter, and the financial results do not carry any adjustments in this regard." It added "The expert committee submitted its report in the matter dated 6 May 2023, finding no regulatory failure."
Adani Group's original rebuttal of the allegations can be read online here.
UK: A court has fined CRH subsidiary Tarmac US$516,000 for failing to ensure the provision of moveable guards fitted to an interlocking device connected to a rotary mill at its Dunbar cement plant between January 2019 and April 2021. The East Lothian Courier newspaper has reported that the failure resulted in a worker’s loss of fingers after he came into contact with the unit’s rotary valve on 30 April 2021. The producer has until 20 September 2023 to pay the fine.
Kenya: A court has authorised an auction of East Africa Portland Cement Company (EAPCC)'s moveable property to proceed, in order to pay former staff. The Nation newspaper has reported that EAPCC owes the employees US$10m in unpaid wages. The court allowed the auction in favour of 60 claimants. It instructed a further 150 claimants to seek redress by other means, due to insufficient available proceeds from the sale.
Savannah Cement to be placed under receivership
16 May 2023Kenya: A court has ruled in favour of Absa Bank Kenya and Kenya Commercial Bank's right to appoint an administrator for Savannah Cement. The banks are seeking to recover US$72.9m owed by the producer. The Star newspaper has reported that a previous court ruling in December 2022 prevented the lenders from appointing an administrator or seizing assets.