Displaying items by tag: Legal
Cementos Argos loses trademark battle over Luz Verde brand
18 October 2018Colombia: Cementos Argos has lost a trademark dispute over its Luz Verde brand. The Superintendent of Industry and Commerce (SIC) has authorised wholesale travel agent Luz Verde Representaciones to register its Luz Verde brand despite the objections of the cement producer, according to La República newspaper. SIC considered the opposition of Cementos Argos invalid as the companies operate in different business sectors. The company had previously lost another legal conflict with Energy Evolution Colombia for the registration of a motto including the element Luz Verde.
France/Syria: A judicial investigation has seized Euro4m from former Lafarge executives, including former chief executive officer (CEO) Bruno Lafont, as part of a probe into the company’s conduct in Syria. Sources quoted by the Agence France Presse said that Euro2.5m was confiscated from Lafont’s leaving package of Euro8.4m as Lafarge merged with Holcim to form LafargeHolcim. Funds were also taken from Bruno Pescheux and Frédéric Jolibois, the former directors of Lafarge Cement Syria, and from Christian Herrault, a dormer deputy general regional manager with overview of Syria.
Lafarge SA, a subsidiary of LafargeHolcim, has been placed under judicial investigation over its actions in Syria between 2011 and 2014. It has been accused of complicity in crimes against humanity and financing terrorism. A panel of three judges in Paris has ordered Lafarge to pay over Euro30m as a security deposit ahead of the trial. Eight former executives, including Lafont, have been charged in connection to the investigation.
CCNN receives clearance for merger with Kalambaina Cement
16 October 2018Nigeria: The Cement Company of Northern Nigeria (CCNN) says it has received clearance by the Securities and Exchange Commission (SEC) and the Nigerian Stock Exchange (NSE) for its proposed merger with Kalambaina Cement. Following the merger all of the assets, liabilities, licences and undertakings will be taken over by the CCNN, according to the Punch newspaper. The completion of the proposed merger is subject to the approval of the shareholders of the CCNN and Kalambaina Cement and the final regulatory approvals from SEC, the NSE, Federal Inland Revenue Service and the Federal High Court.
Government irregularities reported into setting up of plants by DG Khan and Bestway Cement in Chakwal
16 October 2018Pakistan: A report issued by the Punjab Anti-Corruption Establishment Lahore (ACE) to the Supreme Court has found irregularities committed by government departments in connection to the setting up of cement plants by DG Khan and Bestway Cement in Chakwal. The investigation followed a probe by the Supreme Court into water usage by cement companies near the Katas Raj Temples, according to the Dawn newspaper. The allegations include a delay by the district government of Chakwal, industries, environment, mine and mineral departments into declaring so-called ‘negative’ areas that would have otherwise prevented the plants being built between 2003 and 2008. Other findings of the report include irregularities into how both companies acquired land and a disregard for environmental protocol.
Supreme Court to hear pleas by cement producers as fine repayment schedule continues
08 October 2018India: The Supreme Court has agreed to examine a plea by cement producers about a charge of cartel-like behaviour made by real estate developers and upheld by the Competition Commission of India (CCI). However, the court has insisted that the payment schedule of the fine imposed will have to be upheld while the appeal proceeds, according to the Economic Times newspaper. The accused cement producers have been ordered to deposit 10% of the fine.
10 cement companies – including India Cements, Ramco Cements, Nuvoco Vistas Corporation, Ambuja Cement, ACC, Jaiprakash Associates, Century Textiles and Industries and UltraTech Cement – were accused by the Builders' Association of India and the CCI in 2010 of cartel-like behaviour. They were then fined US$905m or 0.5% of their net turnover. The producers first tried to appeal with the National Company Law Appellate Tribunal (NCLAT) but the tribunal dismissed their plea against the CCI finding in late July 2018.
Lafarge Zimbabwe sues transport firm
08 October 2018Zimbabwe: Lafarge Zimbabwe is suing Gramiso Investments for an outstanding debt of over US$200,000. The cement producer and transport company entered into a prepayment agreement in which the cement manufacturing giant advanced US$500,000 to Gramiso Investments, according to the Herald newspaper. However, Gramiso Investments allegedly only paid back just over half of this amount. Lafarge Zimbabwe has taken the lawsuit to the High Court.
Kenya: Simon Ole Nkeri, the managing director of East African Portland Cement (EAPC), has been questioned by the National Assembly Trade, Industry and Cooperative committee of the Parliament of Kenya. He told the committee that the company has considered the almost US$14m it owes it workers but he was unable to provide a payment schedule, according to the Business Daily newspaper. In August 2018 the Labour Court allowed the Kenya Chemical and Allied Workers Union to recover the money owed to over 400 workers. In late September 2018 the Court of Appeal gave the EAPC 30 days to make a deposit of the owed funds. However, the cement producer resorted to legal means to delay paying the deposit, as it would ‘cripple’ its business operations.
Adelaide Brighton in legal case over missing millions
25 September 2018Australia: Adelaide Brighton is seeking damages from a former credit manager over US$9m in missing funds. The cement producer has accused former employee Glenda Ivy Burgess of the embezzlement following an internal audit, according to the Advertiser newspaper. Burgess worked for Adelaide Brighton for 18 years but was dismissed in February 2018.
The allegations include misallocating customer payments, falsifying accounts, increasing customer credit limits without authority and providing false information.
The construction company launched a civil lawsuit against Burgess at the same time that a police investigation was ongoing. This has subsequently led to a clash between civil and criminal proceedings as the accused successfully petitioned the Supreme Court to delay the civil case whilst the criminal investigation continues.
Pakistan: The Supreme Court has ordered cement producers to pay for underground water used by cement producers near Katas Raj. Chief Justice Mian Saqib Nisar said that underground water is ‘very precious’ and added that cement factories using it near the temple at the site would no longer be able to do so for free, according to the Nation newspaper. The Chief Justice has also directed the Punjab Food Authority to audit local companies to assess how much water they are using and how much they are paying for it. The on-going case was started in response to a pond drying out at the Hindu heritage site due to water consumption by nearby cement plants.
Fancesa starts legal action against hauliers
10 September 2018Bolivia: The cement producer Fancesa has started legal action against transport industry leaders Oscar Reynolds and Macguiver Rosales over threats and criminal association, after they stopped transporting its cement. Fancesa earlier reduced the rate paid to hauliers to transport cement from its plant to Santa Cruz by 13.7% to US$1.88/bag (50kg), prompting hauliers to stop transporting its cement.