Court Supported FAS on Case of Leasing Administrative Building
OREANDA-NEWS. February 10, 2012. The Federal Arbitration Court of the Moscow District supported FAS position to abolish an amicable settlement between the “Agency for Management and Usage of Historical and Cultural Monuments” Federal State Budget-Funded Cultural Institution and “Energosystemy” Research-and-Development Centre” Ltd. for the right of leasing an administrative building, which is a heritage site, reported the press-centre of FAS Russia.
Under the amicable settlement, the budget-funded institution that has a federal building under its operational management, committed itself to conclude a long-term lease contract for the building with the commercial organization that had reconstructed the building.
The commercial organization refused to charge the expenses for reconstructing the building - 100 million Rubles.
The amicable settlement did not provide for the bidding procedures for the right to conclude the lease contract.
FAS challenged the amicable settlement as being contrary to the law and infringing the right of FAS Russia for control over compliance with the antimonopoly law.
“The ruling of the Federal Arbitration Court of the Moscow District on the case is a typical example of unified interpretation of the antimonopoly law by Arbitration Court and the antimonopoly bodies”, pointed out Deputy Head of the Legal Department of FAS Russia, Roman Pliev.
Under Article 17.1 of the Federal Law “On Protection of Competition” leasing contracts, gratuitous use agreements, trust management contracts, other contracts that provide for transferring the rights of possession and (or) use of state or municipal property formalized on the basis of economic control rights or operational management can only be concluded upon the outcome of tenders or auctions for the right to conclude the contracts.