Lemminkäinen leave to appeal
By Sandy Guthrie06 September 2017
The Finnish Supreme Court has granted Lemminkäinen and the city of Vantaa leave to appeal regarding legal proceedings concerning the damages related to an asphalt cartel on which the Court of Appeal of Helsinki gave its decisions last October.
There were 13 pending requests for leave to appeal submitted to the Supreme Court by Lemminkäinen, as well as 19 requests for leave to appeal submitted by municipalities. They all concerned the Helsinki Court of Appeal’s decisions on 20 October, 2016, regarding damages related to the asphalt cartel.
Lemminkäinen was granted leave to appeal in the cases concerning the cities of Mikkeli and Rovaniemi. The leave to appeal concerns the question of whether the liability for compensation of Lemminkäinen has decreased as a result of the fact that the other parties’ liability was time barred.
The leave to appeal granted to the city of Vantaa concerns the question of whether Skanska Asfaltti, NCC Industry and Asfaltmix were liable for damages caused by the cartel to the city, based on the fact that the companies had acquired businesses from companies involved in the cartel.
The question of whether leave to appeal will be granted to Lemminkäinen and to the city of Vantaa over issues other than these, will be resolved in connection with the appeal.
According to the Supreme Court’s latest decisions, the applications for leave to appeal from 15 cities or municipalities concerning Lemminkäinen were dismissed entirely. The application for leave to appeal by the city of Espoo will await the decisions to be rendered in the cases where leave to appeal was granted.