Finnish contractor Lemminkäinen has requested leave to appeal from the Supreme Court concerning the Helsinki Court of Appeal’s decisions last October regarding damages related to an asphalt cartel case.
Lemminkäinen said that in its opinion, there were certain aspects, where the conclusions of the Helsinki Court of Appeal differed from previous case law or where there was no established case law.
It said this included the State’s liability and value added tax.
Lemminkäinen is looking to appeal the Helsinki Court of Appeal’s decisions regarding the State’s claim, and 13 municipalities’ claims, where their claims were partly accepted, and where Lemminkäinen did not reach a settlement with the claimants after the Helsinki Court of Appeal’s decisions.
On 7 December, 2016, Lemminkäinen announced that it had settled with ten municipalities – Imatra, Joensuu, Jyväskylä, Kouvola, Kuhmo, Lappeenranta, Lieksa, Naantali, Raisio and Äänekoski.
It said that the parties agreed not to request leave to appeal from the Supreme Court concerning the Helsinki Court of Appeal’s decisions.
After this, Lemminkäinen reached similar settlements with seven municipalities – Iisalmi, Kajaani, Kuopio, Nivala, Pori, Siilinjärvi and Suomussalmi.
Through the settlements, the parties wished to end long-lasting legal proceedings and avoid additional costs. Lemminkäinen said that according to the settlement agreements, the parties did not take any stand on whether there were any grounds for compensation.