OREANDA-NEWS. August 09, 2011. Moscow Arbitration Court pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the case against the Federal Customs Service, reported the press-centre of FAS Russia.

On 25th January 2011, the FAS Commission found that the Federal Customs Service violated Clauses 2 and 6 Part 1 Article 15 of the Federal Law “On Protection of Competition”. The Federal Customs Service unreasonably prevented activities of two coordinators of customs card emission (“Tamozhennaya Karta” Ltd. and “Tamozhennaya Platezhnaya Sistema” Ltd. and provided priority access to information to one of the coordinators (“Tamozhennaya Platezhnaya Sistema” Ltd.).

Currently the Federal Customs Service continues executing the determination, under which it is obligated, in particular, to submit to FAS Russia on a quarterly basis in 2011 and 2012 information about all cases when customs offices refuse to accept the cards of both coordinators and about the reasons for such refusals.

The Federal Customs Service filed a lawsuit to an Arbitration Court challenging FAS decision and determination.

On 2nd August 2011, Moscow Arbitration Court dismissed the claim of the Federal Customs Service and confirmed legitimacy and reasonableness of the decision and determination issued by the FAS Commission.

Reference:

Clauses 2 and 6 Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibit federal executive bodies:

To unreasonably prevent activities of economic entities; and

To provide priority access to information to an economic entity.