Equans EV Solutions, a subsidiary of French corporation Bouygues, is suing Morrisons in a bid to stop its £2.5bn deal to sell its forecourt business to Top 50 Indie MFG – a deal which actually completed last month.
The action relates to a partnership between Equans and Morrisons which dates back to 2018, when Equans began delivering a full turnkey EV solution via the GeniePoint platform for the supermarket giant. The rollout of the GeniePoint network across Morrisons stores nationwide began in April 2019. In total, Equans has installed EV charging equipment at more than 250 Morrisons sites.
MFG recently acquired all 337 of Morrisons forecourts and more than 400 associated sites across the UK for the development of ultra-rapid EV charging hubs. The number one Top 50 Indie announced earlier this month that it is investing an initial £40m in upgrading the forecourts.
According to a story first reported in The Times, Equans filed a High Court claim in March, alleging Morrisons is in breach of contract. Apparently Morrisons abandoned its agreement with Equans after it announced its deal with MFG back in January.
The Times reported that Equans was ‘blindsided’ by the MFG deal and in the court filings described Morrisons actions as “arbitrary, irrational and capricious”.
Morrisons has apparently told Equans that there is no valid contract between the two parties. It also said Equans failed to meet target service levels and those failures cost it money so it was justified in terminating the contract.
As well as wanting to block the Morrisons/MFG deal, Equans wants the High Court to affirm its exclusivity rights and rule it is not in breach of contract. It is also seeking damages.
Morrisons declined to comment but Forecourt Trader can confirm that the MFG deal cannot be unwound in any way. Morrisons is very confident in its position and intends to defend the claim
MFG declined to comment.
