The report, commissioned by Klausner, was conducted by Professor Dr Rainer Hofmann of Goethe University in Frankfurt and concludes that the Klausner/NRW contract and its implementation did “not” favour Klausner.
Professor Hoffmann also states that it was unlikely that the European Commission would rule that the contract represented state aid to Klausner.
Klausner says damages created by NRW’s “breach of contract” (by changing log supplies from the second half of 2009) and subsequent closure of its Adelebsen mill, now reached more than €100m.
The sawmiller continues to argue that its 2007 contract with NRW was a result of the state’s willingness to enter into a long-term log supply deal following the devastating forest damage caused by the Kyrill storm.
“Today, when timber prices are higher than the then indexed prices [in the contract], the country is looking for excuses so as not to comply with its delivery obligations,” said Klausner.
Klausner described the state’s action as illegal and was in defiance of previous court decisions, including recently by the OLG Hamm near Dortmund. It said NRW could honour its log delivery obligations by purchasing timber on the open log market.
The state of NRW says Klausner has to prove it suffered economic loss. It also says the European Commission is considering whether the contract corresponded to EU competition laws.
