Etienne Jornod has been the first to know about the sudden circumstances. He has asked former employee of Vifor Pharma to help quickly restore the supply of Vifor preparations into Russia.
Etienne Jornod has nominated his top managers from Vifor Pharma Thierry Volle, Oliver Kronenberg and Siegfried Michel to handle the case and provide soonest solution of specific issues for Russian deliveries.
Vifor Pharma has provided all required guarantees and has issued personal guarantees to the former employee with quantities of medicines, prices, delivery timing with absolutely clear statement that guarantees are in force until full supply of guaranteed quantities.
Deliveries into Russia have been resumed in full as soon as Vifor Pharma has been able legally terminate contractual obligations with its Distributor. New Zealand's Jefer Limited Ltd has been choosen as interim partner to maintain import of Vifor's preparations into Russia.
In the course of 2009 and spring 2010 Vifor Pharma has confirmed new orders of Jefer Limited Ltd. Orders have been out of guaranteed quantities and have been for total amount more than 400 million Russian Roubles (about EUR 10 million).
In summer 2010, Vifor Pharma has negotiated with Nycomed a new Distribution Agreement for Russia and decides to stop immediately all deliveries to Jefer Limited Ltd. Thus, Vifor Pharma has broken its own guarantees to supply all confirmed quantities.
Due to the fact that Vifor Pharma has refused to resumes deliveries to Jefer Limited Ltd, the last has been forced to open litigation with Vifor Pharma at Swiss Commercial Court in St. Gallen.
Vifor Pharma has offered a compensation of EUR 1.500.000,00 to Jefer Limited Ltd to close the case in the Swiss court, however, conditions the offer with unacceptable demands which involve thirds parties in Russia and Switzerland, such as
- to relocate Russian domains ownership to Vifor Pharma,
- to overhand to Vifor Pharma all marketing data on Russian doctors and clients,
- to continue provision of batch release services to Vifor Pharma,
- a ban on doing business with iron supplementations.
The offer of Vifor Pharma has been rejected with a demand not to mix all of their problems with their decision to discontinue the supply to Jefer Limited. However, the litigation could not be finalized since New Zealand's regulator has decided to liquidate all those off-shore structures in the country which Jefer Limited has had.
Still facing problems in Russia with other than Jefer Limited Ltd companies, Vifor Pharma has decided via Zurich lawyers from Bar and Karrer to send thread containing letters to third persons with demand to resolve problems of Vifor Pharma.
Power of Attorney to Bar and Karrer has been issued by CEO of Vifor Pharma Mr David Ebsworth.
Etienne Jornod has been contacted to stop attacks and threats to persons who are not in connection with Vifor Pharma's problems to provide free circulation of its medicines in Russia, as well as to promote a solution of all other problems in Russia.
Etienne Jornod has undertaken nothing and has forgotten that it has been his personal request to maintain continuous supply of drugs in Russia and keep Russian market share at the previous level.
Unwillingness of Etienne Jornod to resolve this situation, in our opinion, has deeper causes.
This blog is about that.
