Under the fear of “divorce”: SAP intends to recover almost 450 million rubles from its Russian partner
The German software maker SAP intends to recover through court almost 450 million rubles from its Russian partner - Energy Consulting . The partner is engaged in the implementation of its software in fuel and energy companies, including Tatneft. The trial could end up badly for Energy Consulting, right down to a break in partnership with SAP.
Energy Consulting has been implementing SAP for 14 years and has the status of a preferred partner in the oil and gas industry for implementing SAP solutions, the SAP Alliance Service Local Partner and other products.
“SAP is extremely loyal to its partners, investing in the development of their business. But there are cases when we do not have the leverage to collect the debt, except to appeal to the arbitration court. We hope for a positive resolution of the situation in this particular case, but we reserve the right to protect our interests, ”said SAP spokeswoman Tatyana Zvereva.
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Two top managers in the IT market believe that the lawsuit is caused by the lack of payment for the sold SAP software licenses. “Based on the amount of the claim, we are talking about the supply of licenses for several thousand workplaces, which means that the customer was a rather large enterprise - a steel plant or Tatneft, with which Energy Consulting has close ties,” suggests one source Kommersant ".
SAP is one of the world's largest software makers. The revenue of the Russian SAP division in 2015 decreased by 4%, to € 356.5 million, which is 1.71% of the total revenue of the company. For the first time in recent years, the company's operations in Russia have become unprofitable. At the end of 2015, the net loss of SAP CIS amounted to € 18.6 million.
A year earlier, the company earned € 371.7 million in the Russian market, and its profit was € 19.2 million. In 2013, the company's revenue amounted to € 445 million, and profits - € 14.2 million, remind Vedomosti, citing the company's annual report.
Pavel Gontarev, general director of the Russian division of the company, explains the loss by accounting features on the one hand, and investments in business development in Russia and the CIS. According to him, the company invested money in the opening of data centers, as well as the localization of products.
Energy Consulting has been implementing SAP for 14 years and has the status of a preferred partner in the oil and gas industry for implementing SAP solutions, the SAP Alliance Service Local Partner and other products.
“SAP is extremely loyal to its partners, investing in the development of their business. But there are cases when we do not have the leverage to collect the debt, except to appeal to the arbitration court. We hope for a positive resolution of the situation in this particular case, but we reserve the right to protect our interests, ”said SAP spokeswoman Tatyana Zvereva.
SAP CIS LLC appealed to the Moscow Arbitration Court with a claim against Energy Consulting Corporation Ai T Solutions (a part of the Energy Consulting group of companies) for 449.2 million rubles, follows from the file of arbitration cases.A representative from Energy Consulting claims that this lawsuit "relates to the relationship between the software manufacturer and the end user": "SAP provided software support services to one of our clients under a tripartite agreement in favor of the end user. If the lawsuit is considered in court, we, in accordance with the contractual terms, will be forced to file a lawsuit in the direction of the end user. ” What kind of user in question, could not figure out.
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Two top managers in the IT market believe that the lawsuit is caused by the lack of payment for the sold SAP software licenses. “Based on the amount of the claim, we are talking about the supply of licenses for several thousand workplaces, which means that the customer was a rather large enterprise - a steel plant or Tatneft, with which Energy Consulting has close ties,” suggests one source Kommersant ".
Energy Consulting is engaged in auditing, IT consulting and implementing IT solutions. Among its clients are Tatneft , Gazprom , Mechel , SIBUR , LUKOIL .The success of Energy Consulting in the fuel and energy complex is explained by the fact that “Energy Consulting hails from Tatneft and the latter has long been almost their only major customer,” sources explain. Tatneft is a co-owner with a 25 percent share of one of the companies in the Energy Consulting group - Energy Consulting / Tatneft CJSC, which develops software.
According to the file of arbitration cases, a lawsuit against Energy Consulting is one of the largest SAP litigation in Russia. In 2013, SAP demanded 1.3 billion rubles from IDGC of Siberia , and the companies entered into a settlement agreement.“The revenue of Energy Consulting in 2014 amounted to more than 3.3 billion rubles, and in 2015 - at least 3 billion rubles,” says the general director of Infoline-Analytics, Mikhail Burmistrov. According to him, “the likelihood of collecting a claim in full is not great, and for Energy Consulting, even losing the case will not be fatal.”
SAP is one of the world's largest software makers. The revenue of the Russian SAP division in 2015 decreased by 4%, to € 356.5 million, which is 1.71% of the total revenue of the company. For the first time in recent years, the company's operations in Russia have become unprofitable. At the end of 2015, the net loss of SAP CIS amounted to € 18.6 million.
A year earlier, the company earned € 371.7 million in the Russian market, and its profit was € 19.2 million. In 2013, the company's revenue amounted to € 445 million, and profits - € 14.2 million, remind Vedomosti, citing the company's annual report.
Pavel Gontarev, general director of the Russian division of the company, explains the loss by accounting features on the one hand, and investments in business development in Russia and the CIS. According to him, the company invested money in the opening of data centers, as well as the localization of products.
Source: https://habr.com/ru/post/299780/
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