Moscow Arbitration Court overturned the decision of the FAS for IDC Center
By admin at 22 July, 2009, 4:09 pm
OAO Center IDC did not violate federal law On Protection of Competition - a decision rendered July 20, the Ninth Arbitration Court of Appeal, having considered the appeal of FAS in the Moscow Arbitration Court decision of 6 April 2009.
Requirements IDC Center of invalidation decisions and requirements of FAS Russia on November 20, 2008 on the grounds of breaches of company law On Protection of Competition in relations with OAO Tver power company, met in full.
According to FAS, the violation resulted in evasion of the conclusion of the contract for the transfer of electrical energy and in the establishment, thus hindering the access of Tver Power Company at a wholesale electricity market.
On the basis of the decision Antimonopoly Service of Russia issued a ruling in the case of administrative violation, according to which society has imposed an administrative fine of more than 32 million rubles.
In order to protect their rights and legitimate interests, IDC Center appealed to the Moscow Arbitration Court decision and the requirement of FAS Russia. April 6, 2009 Moscow court ruled on the nullity is not the relevant law and not subject to the application of the decision and prescription of FAS against a branch of OAO Center IDC - Tverenergo.
In turn, FAS did not agree with the decision and appealed to the court of appeal in the Ninth Arbitration Court of Appeal, which asked the court to rescind the decision and to maintain the adopted service solutions.
20 July hearing in the Court of Appeal was completed. An appeal of FAS Russia left without satisfaction, as adopted by the Arbitration Court of Moscow the decision in favor of OAO Center IDC is left unchanged.
the major causes of such cases is the inadequacy of existing legislation, in particular, government regulations, which govern access to the electrical network, the rules work for the retail electricity markets, - commented the Director of Legal Affairs of OAO Center IDC Andrew Gladyshev.
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