Displaying items by tag: Legal

Colombia: The Colombian prosecution service intends to summon former Cemex Colombia chief executive officer (CEO) Carlos Jacks to face charges in relation to the Maceo cement plant corruption case. Jacks was CEO of the company for 24 years and previously headed Cemex operations in Costa Rica, the Dominican Republic and Puerto Rico, according to the Noticias Caracol television channel. A statement made by Camilo González Téllez, the former Legal Vice President, has been used by the prosecutor’s office to press charges against Jacks. So far González is the only senior Cemex executive to have received a custodial sentence in relation to the affair.

In 2016 Cemex fired several senior staff members in relation to the Maceo project and its subsidiary’s chief executive resigned. This followed an internal audit and investigation into payments worth around US$20m made to a non-governmental third party in connection with the acquisition of the land, mining rights and benefits of the tax free zone for the project. Legal proceedings followed in Colombia and the US.

France/Syria: The Court of Cassation, a court of last resort, is considering whether a charge of crimes against humanity should be upheld against Lafarge. However, charges of financing terrorism, endangering life and violating an embargo seem set to stay. The legal case is investigating the company’s conduct in Syria between 2011 and 2014. It has been accused of financing terrorism through indirect payments to extremist groups to keep its Jalabiya cement plant operational after the outbreak of war in Syria. The Court of Cassation is expected to deliver its verdict on 15 July 2021.

Cuba: Switzerland-based LafargeHolcim has agreed in principle to settle a US court case regarding alleged trafficking in private property previously confiscated by the Cuban government. The Miami Herald newspaper has reported that the group is preparing to pay the claimant compensation. In the complaint, the plaintiffs had claimed the current market value of the property was an estimated US$270m, plus legal fees, interest and other costs could be involved. An agreement is expected to be reached by late June 2021.

In late 2020 a court in Florida, US accepted a request for damages from LafargeHolcim to over 20 parties from Cuba whose land was nationalised and subsequently had a cement plant built on it. The claim alleged that Switzerland-based Holderbank had held a stake in the partly-state owned Carlos Marx cement plant near Cienfuegos since 2001. Holderbank later became Holcim and then LafargeHolcim. The plaintiffs have been aided by a change in US law allowing Cubans to claim damages in US courts for expropriated property from private companies which profited from them.

Kenya: The Court of Appeal has dismissed the appointment of directors of Savannah Cement by a High Court Judge. Judge Farah Amin appointed an interim board in response to a legal battle over the ownership of the cement producer, according to the Business Daily newspaper. However, the Court of Appeal ruled that the judge’s actions overruled the power of the company’s shareholders.

The current legal proceedings were triggered when Kenyan-based investor Peter Ndeta acquired a majority stake in Savannah Cement in 2015 from Chinese investors and transferred the ownership to a Mauritian company called Seruji. Donald Mwaura and John Gachanga, who previously held a minority share in the company along with Ndeta, have disputed the process.

India: A high court has ruled that all cement producers have the right to use common words on their cement bags, even where those words are trademarked by another producer. The Times of India newspaper has reported that the Bureau of Indian Standards (BIS) has until mid-July 2021 to respond to the ruling. JK Cement previously launched the legal action against the BIS’s blanket ban on trademarked words including ‘super,’ ‘strong,’ 'damp-proof,' 'corrosion-proof' and 'weather shield.'

India: The Supreme Court has ruled that depository and clearing agent IL&FS Securities Services (ISSL) release US$52.4m to Dalmia Cement owner Dalmia Bharat. The money was alleged stolen by Allied Financial Services in 2019, according to the Economic Times newspaper. The trial concerning the alleged theft of mutual fund units continues.

US: Germany-based HeidelbergCement subsidiary Lehigh Cement has taken legal action against the Santa Clara county planning and development director over processing delays to the company’s planning applications. The Los Altos Town Crier newspaper has reported that the producer plans to fill in an open-pit aggregates mine, to open a second mine and to cut through a natural ridge near to its integrated Permanente cement plant near Cupertino in California. The plans constitute an amendment to a plan previously approved in 2012 .

The company says that it has ‘exhausted available administrative remedies’ against the local government office. It said that the rights it seeks to exercise are not subject to permits. It added that the director deemed the application complete in 2019, before requiring additional processing steps.

Egypt: Arab Swiss Engineering Company (ASEC) has launched legal action against Misr Beni Suef Cement. The latter terminated the supplier’s technical management contract in mid-February 2021. Arab Finance has reported that the producer alleges that ASEC breached its commitments regarding its Beni Suef cement plant’s production capacity.

Kenya: The Court of Appeal has stopped directors and accounting officers at the East African Portland Cement (EAPCC) from being sent to jail due to the company’s failure to pay contract workers about US$12m as agreed in a collective bargaining agreement. The judges noted that the cement producer had already paid US$0.8m as a gesture of goodwill, according to the Business Daily newspaper. Members of the Kenya Chemical & Allied Workers union brought the legal case against the EAPCC accusing it of paying them less than permanent staff.

Spain: A regional court has ruled in favour of Cementos Cosmos in a case brought by local environmental group Bierzo Aire Limpio. The protestors alleged that the company had violated regulations at its Toral de los Vados cement plant in El Bierzo, León. The court ruled that the producer had acted correctly and in continuous communication with the administration.