OREANDA-NEWS. December 04, 2008. The 9th Arbitration Appeal Court reversed the judgment of the Moscow Arbitration Court and allowed the appeal of the Federal Antimonopoly Service (FAS Russia) against the ruling of the Court of First Instance, reported the press-centre of FAS Russia.

On 9th September 2008, the Moscow Arbitration Court allowed the claim of "Vnukovo-Invest" OJSC on invalidating the FAS Russia's decision, according to which the company had violated Clauses 1 and 3 Part 1 Article 10 of the Federal Law "On Protection of Competition".

In June 2007, in accordance with the inspection plan for the first six months 2007, FAS Russia carried out an inspection to verify compliance with the antimonopoly legislation by "Vnukovo-Invest" OJSC in offering services of short-term car parking in the area in front of "Vnukovo" airport.

Based on the results of the inspection, FAS Russia passed an order to initiate a case against "Vnukovo-Invest" OJSC for violating Part 1 Article 10 of the Federal Law "On Protection of Competition".

On 28th March 2008, the FAS Russia's Commission recognized that "Vnukovo-Invest" OJSC violated Clause 1 Part 1 Article 10 of the Federal Law "On Protection of Competition" by fixing monopolistically high prices for the services of short-term parking in the area in front of "Vnukovo" airport and Clause 3 Part 1 Article 10 of the Federal Law "On Protection of Competition" by fixing economically and technologically unjustified charges for every incomplete hour when the cars of the customers (persons that use services of short-term car parking) on the paid parking of "Vnukovo-Invest" OJSC in the area in front of "Vnukovo" airport as for the full hour.

Following its decision, FAS Russia issued a determination to "Vnukovo-Invest" OJSC to stop the antimonopoly violations.

"Vnukovo-Invest" OJSC disagreed with the FAS Russia's decision and appealed.

The Moscow Arbitration Court allowed the claim of "Vnukovo-Invest" OJSC invalidating the FAS Russia's decision. However, FAS Russia appealed and the 9th Arbitration Appeal Court reversed the judgment of the Court of First Instance and in a new judicial act dismissed the claim of "Vnukovo-Invest" OJSC, confirming validity of the decision adopted by the antimonopoly authority.