OREANDA-NEWS. August 13, 2008. The 9th Arbitration Appeal Court, Moscow, confirmed the rightness of the Moscow Office of the Federal Antimonopoly Service (OFAS Russia) which issued a determination to the Moscow Government requesting to suspend the direction on building a residential housing complex and an underground garage on the site burdened with the third-party rights, reported the press-centre of FAS Russia.

Earlier the Moscow OFAS Russia recognized that the Moscow Government violated Part 1 Article 15 of the Federal Law "On Protection of Competition" (adopting a competition-restricting act, particularly, an unjustified impediment of activities of economic entities).

The Moscow OFAS Russia issued a determination to the Moscow Government and suspended the direction of the Moscow Government "On implementing an investment project for building a residential housing complex with an underground garage and a multistory garage". The investor was "Esta" Ltd. The Moscow OFAS Russia established that the third parties (No.32 GSK [construction co-operative] and physical persons - co-operative members that have garages on this plot) had the rights for the plot of land allocated for construction. Under the circumstances, the Moscow OFAS Russia concluded that the direction must be suspended until all disputes between the Moscow Government and economic entities that had the rights for the plot of land are settled.

The Moscow Government disagreed with the decision of the Moscow OFAS Russia and filed a suit to the Arbitration Court, which gave judgment in favor of the Moscow Government. In their turn, the Moscow OFAS Russia filed a complaint to the Appeal Instance and the 9th Arbitration Appeal Court, Moscow, reversed the judgment of the Arbitration Court, confirming the rightness of the Moscow OFAS Russia.