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Uniper's dormant Russian gas agreements may pose obstacle to listing

Uniper, the biggest corporate victim of Europe's energy crisis, is looking to the courts to solve the concern of its inactive Russian gas supply contracts that could prevent investors once it fully go back to the stock market, 3 people familiar with the matter stated.

In 2022, the German government saved Uniper, once Gazprom's biggest European consumer, after Uniper was required to pay high costs to buy products to make up for lost Russian gas when Gazprom stopped shipments.

The German group has actually since changed Russian gas volumes completely through other suppliers. Gazprom contracts, however, are still lawfully in place. They run till 2035 and cover 250 terawatt hours (TWh) of gas, comparable to a quarter of Germany's gas need.

This problem needs to be solved due to the fact that it could create risks for a possible IPO, stated one of the people, who decreased to be named due to the level of sensitivity of the issue, adding it could discourage prospective investors.

Early preparations to return the 99.12% stake Germany owns in Uniper to the stock exchange are happening, and sources informed in February Berlin might seek to sell 20% -30% in a very first step next year.

The business's dormant Gazprom agreements have been suspended however not cancelled since Russia stopped gas supplies to Germany in 2022, as an effect of the dispute in Ukraine, ending decades of trusted supply.

As the European Union has yet to put sanctions on Russian gas, there is no legal framework for Uniper to dissolve the contracts, the sources said

Christian von Hammerstein, partner at law practice Raue, stated. the contracts stay in location as long as there is no legal basis for them to be liquified.

If Russian gas were approved, then that would be force majeure and after that they might likewise invoke it versus Gazprom without being in breach of contract, he said.

LEGAL CONFLICT

If Gazprom at some time decides to reboot deliveries, which experts say is unlikely however possible, Uniper might be required to spend for the gas even if it had no need of it, as decreed by the take-or-pay agreements that are an essential of the gas market.

A number of other European energy companies still have such agreements with Gazprom, either live or dormant, with some also looking for damages.

In its annual report, Uniper described the potential effect of Gazprom's future behaviour on Uniper's financials, without offering more details.

Uniper is looking for damages of more than 14 billion euros ($ 15. billion) from Gazprom, individuals said, and is anticipating a. decision from the Stockholm arbitration tribunal, where it has. lodged the claims, throughout the coming months.

The sources said it was possible the Swedish tribunal in its. judgment could develop the conditions to declare the existing. contracts with Gazprom void, which would make it possible for Uniper to cancel. them lawfully.

Additionally, should Gazprom decide to resume products,. Uniper could choose to take the gas up until materials have hit the. worth of its damage claims, the sources said.

Uniper, which has actually fully written down all its Russian. activities, confirmed that it expects a tribunal verdict in the. coming months. It formerly said that 250 TWh of agreements with. Gazprom still exist.

Gazprom Export, the exporting arm of the Russian. business, successfully challenged the case in a St Petersburg. court that ruled in March that Uniper and a subsidiary would be. fined 14.3 billion euros need to they proceed with the. arbitration.

Gazprom has actually not honoured its delivery obligations given that. summer season 2022, which has actually caused Uniper incurring billions in gas. replacement expenses, Uniper stated, declining to quantify the. claims.

Germany's Finance Ministry, which supervises the government's. stake in Uniper, declined to comment.

Gazprom did not respond to a request for remark. ($ 1 = 0.9323 euros)

(source: Reuters)