Cheated and forgotten by Fehmarn Bælt A/S: :
Messerschmidt obtains answers from the Minister of Transport
Shipowner Jørgen Holm Christensen had a ten-year contract for work on one of his boats with Femern Bælt A/S. The contract was terminated with a partial compensation of six million DKK at a meeting in 2012 in Rødbyhavn, even though the contract had a value of ten times that. At the same time, an oral agreement was made that when work on the Fehmarnbelt link began, Jørgen Holm Christensen would be compensated with new work by Femern Bælt A/S. This is the agreement that has not been adhered to.
At the meeting in Rødbyhavn were shipowner Jørgen Holm Christensen, his employee first officer Claus Sjømann and the shipowner's auditor Herluf Kielsgaard-Spicker. Both the shipowner's former auditor and employees still maintain that the oral agreement was made. Neither Sjømann nor Kielsgaard-Spicker currently have any financial interests or are in line for work with the shipowner.
Femern Bælt A/S was represented at the meeting by CFO Allan H. Kristensen, financial manager Gregers Jensen and director of marine works Claus Iversen. None of the three work for Femern Bælt A/S anymore.
Femern Bælt A/S's lawyer assesses: No legally binding promise
However, according to the response that the Minister of Transport has received from Femern A/S, none of the three employees remember the oral agreement. Or as the company's lawyer, the Public Prosecutor, assesses below, "no legally binding promise has been given."
"Based on case files, interviews with people involved in Femern A/S and available documentation, the Public Prosecutor has assessed that no legally binding promise has been given about future work either to Øresund Bådservice ApS or to Jørgen Holm Christensen."
The Public Prosecutor is a law firm that works permanently for the state. The Attorney General is no more impartial than any other law firm.
However, Jørgen Holm Christensen has previously presented to DOI.dk a recording of an undated telephone conversation with the now former director of marine work Claus Iversen. The conversation indicates that an agreement has been reached. It is not clear whether this audio recording is part of the assessment of Femerns Bælt A/S's lawyer. The lawyer has also not interviewed either the shipowner or its former auditor and employees.
Messerschmidt: Strange behavior of Femern Bælt A/S
Morten Messerschmidt says about the answer he has helped Jørgen Holm Christensen get.
- The minister refers solely to Femern Bælt A/S's explanation, which is that there is no agreement with Jørgen Holm Christensen, so the case stands as it has always been, claim-against-claim, says Morten Messerchmidt.
He also has some advice for the ship operator.
- In my opinion, the only option is a private lawsuit, but he will have difficulty documenting that an oral agreement has been made about the work. It is almost impossible to prove, even though he has two witnesses who confirmed it, says the DF chairman, pointing a raised index finger both in the direction of the minister and the state-owned company:
- In any case, it is a strange way for Femern Bælt A/S to approach agreements - that they are concluded orally.
Messerschmidt is also very clear that one should generally ensure that important agreements are in writing.
- Personally, I would not enter into such an agreement without seeing anything in writing, concludes Morten Messeschmidt.
The shipowner continues to fight for his agreement
The main character himself greatly appreciates the help he has received from the DF chairman.
- I am so glad that there is a politician like Morten Messerschmidt who wants to help me. But I think it's a stretch for the Minister of Transport to say that he won't do anything more. I have the audio recording of the telephone conversation with Claus Iversen, which proves that there was an agreement, says Jørgen Holm Christensen, and he has no doubt about one thing:
- The agreement was made, and they know it at Fehmarnbælt. None of the three people I made the agreement with would lie if they were in court.
The shipowner is in no way giving up his fight to have the agreement respected. But he still can't quite understand why the agreement wasn't respected.
- I was absolutely sure throughout the years that they would respect the agreement, also because I had many coffee meetings with Claus Iversen about it, concludes Jørgen Holm Christensen.
DOI.dk has spoken to Femern Bælt A/S's CEO Henrik Vincentsen, who has no comment on the matter.
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