Investment companies Elia Inc. and its sister company Renaissance Trust Inc., of Dunmore, Pennsylvania, and Dessaport International Corporation Inc. of Halifax, Nova Scotia, have filed a formal complaint with the European Union about what the companies regard as Poland’s confiscatory treatment of their Gdansk-based joint stock company, EuroPort Inc. Poland.
The investors lodged the complaint with the European Commission’s Directorate General for Competition, alleging EuroPort has suffered losses totaling $183-million as a result of actions by the Port of Gdansk Authority (ZMPG) and Poland’s Ministry of the Treasury, owner of 85% of ZMPG’s shares.
EuroPort was building a modern deepwater grain terminal in the Port of Gdansk, at an estimated cost of $76-million, to facilitate the import and export of bulk agricultural products to and from Poland and its neighboring countries in Central Europe.
The project, backed by the European Bank for Reconstruction and Development and the Royal Bank of Canada, had been approved by the ZMPG and the Polish Government in 1995.
Construction began in late 1998 and was half-way completed by August 2002, when a new Board of Directors took over control of the state-controlled ZMPG. Shortly thereafter, the investors claim, ZMPG’s managing directors began obstructing EuroPort’s completion and ultimately succeeded in stalling the project. The American and Canadian companies also assert that ZMPG has repeatedly attempted to nullify their 25-year lease on the pier and adjacent land, signed in 1995. The investors allege those illegal acts constitute an attempt to evict them without compensation and eliminate EuroPort from the market.
The companies further allege that ZMPG’s board of directors was associated with “a powerful group of business persons and politicians who have had extraordinary control over what transpires in their territory even to the extent of influencing the local courts.”
Local courts in Gdansk have repeatedly refused to hear EuroPort’s pleas for redress, the companies say, and reconciliation hearings in the Court of Arbitration of the Polish Chamber of Commerce were futile as well. The grain terminal remains unfinished.
“The owners of EuroPort and their advisors believe their complaint to the European Commission,” says their formal brief to Brussels, “that in order to have a fair settlement of the situation, authorities outside Poland … must participate and fully examine the evidence.”