OREANDA-NEWS. On January 29, 2009 the Federal Antimonopoly Service (FAS Russia) postponed the processing of the case against the Federal Customs Service (FTS Russia) till 12th March 2009. Alledgedly, FTS Russia violated Part 1 Article 15 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

The case is initiated upon a petition of "Tamozhennaya Karta" Ltd., which since 2000 has been acting as the coordinator for emission of customs cards - bank cards used for paying customs or other charges and payments.

FAS Russia believes that FTS Russia has violated the antimonopoly legislations by issuing in March - July 2008 the orders according to which FTS Russia single-handedly determines the coordinator for emission of customs cards. In July 2008 FTS Russia appointed "Tamozhennaya Platyozhnaya Sistema" Ltd. as such a coordinator. The orders limited credit organizations in their choice of economic entities that offer processing services and provide informational and technological support for payment customs duties using customs cards.

The orders have hindered operations of "Tamozhennaya Karta" Ltd.

On 23rd January 2009, at the first case hearing, FTS Russia moved a stay of action on the grounds that the Supreme Arbitration Court of the Russian Federation is currently processing the case on invalidating No.757 Order of FTS Russia of 23rd June 2008 "On Introducing Amendments to No.29 Order of the Russian State Customs Committee of 16th January 2004" and the case on invalidating No.536 Order of FTS Russia of 6th May 2008 "On Introducing Amendments to No.757 Order of the Russian State Customs Committee of 3rd August 2001".

"Tamozhennaya Karta" Ltd. - the petitioner on the case - is litigating the above orders by the Customs Service at the Supreme Arbitration Court of the Russian Federation because they contravene Part 1 Article 15 of the Federal Law "On Protection of Competition".

In its turn, "Tamozhennaya Karta" Ltd. put in written objections against the stay of action moved by FTS Russia, referring to Clause 20 of No.30 Resolution of the Plenary Session of the Supreme Arbitration Court of the Russian Federation of 30th June 2008.

According to the Resolution, "The right of choice of judicial or administrative defense procedures for its infringed or contested right belongs to the subject of disputable legal relations. The law does not indicate that protection of civil rights in administrative proceedings (by examining antimonopoly cases by the antimonopoly body) should be excluded whenever filing a suit to the Arbitration Court is possible, or, vice versa, is a mandatory condition for judicial recourse for the persons whose rights are infringed. Therefore, if a person petitions the Arbitration Court for protection of its rights, without filing a relevant petition to the antimonopoly body, the Court cannot leave the claim undecided referring to Clause 2 Article 148 of the Arbitration Procedural Code of the Russian Federation".

On 29th January 2009, at the case hearing, FTS Russia moved an additional stay of action for 3 months, referring to the need to prepare analytical materials, which FTS Russia intends to submit to FAS Russia as further evidence in support of its position.

FAS Russia dismissed both petitions of FTS Russia and postponed the examination of the case in order to obtain additional information related to the case, as well as due to its petition to the Supreme Arbitration Court of the Russian Federation on taking part in the examination of the above court cases as a third party.

The case hearing is scheduled for 12th March 2009.