Court Found Actions of Energy Company in Primorie Unlawful
OREANDA-NEWS. February 16, 2012. The Federal Arbitration Court of the Dalnevostochny District pronounced legitimacy of the decision made by Primorie OFAS Russia regarding “Dalnevostochnaya Enegeticheskaya Kompania” OJSC (“DEK” OJSC), reported the press-centre of FAS Russia.
Earlier Primorie OFAS Russia established that “DEK” OJSC was imposing disadvantageous conditions of an energy supply contract upon “Nekrasovskaya 57” Homeowners Association. “Nekrasovskaya 57” refused to conclude the contract under such conditions, and “DEK” OJSC closed customer accounts of the residents of the house and issued invoices to the Homeowners Association for the consumed electric power based on standard values rather than reading of the installed metering devices.
Primorie OFAS Russia found that “DEK” OJSC violated Part 1 Article 10 of the Federal Law “On Protection of Competition” and issued a determination to regain a position existing before the antimonopoly violation.
The Arbitration Court agreed with the decision of the antimonopoly body. The Appeal Court revoked the judgment of the Court of First Instance. However, the Cassation Court pronounced legitimacy of the conclusions made by Primorie OFAS Russia.
“In its relations with the Homeowners Association “DEK” OJSC practically held residents hostages, closing their customer accounts, depriving residents from a possibility to receive subsidies for utility services. We are pleased that we were able to carry out our position, as actions of “DEK” OJSC infringed legitimate rights and interests of the residents”, commented Deputy Head of Primorie OFAS Russia, Dmitry Abrosimov.