Hengeler Mueller successfully represents RWE AG in the appeal proceedings against Rustenburg

28. November 2019

Sintez Group and RWE AG had planned a joint acquisition of the Russian energy supplier TGK-2 in 2008. Following the failure of the negotiations, Rustenburg Co. Ltd. (“Rustenburg”), part of Sintez Group, filed a EUR 700 million claim (plus interest) on damages against RWE AG arising from the termination of the mutual plan.

After the Essen Regional Court had initially dismissed the claim in 2015, Rustenburg continued the dispute before the Hamm Higher Regional Court and obtained an extensive taking of evidence on English and Russian law. In its ruling of 25 November 2019, the Higher Regional Court has now dismissed Rustenburg's appeal and denied the appeal to the Federal Court of Justice.

Hengeler Mueller represented the defendant RWE AG in the entire proceedings. The team included partner Andreas Austmann as well as associates Gerrit Forst and Caspar Haarmann (all Dispute Resolution, Düsseldorf).