FAS Russia: Case of "Savings Bank of Russia"
OREANDA-NEWS. On August 02, 2007 the Federal Arbitration Court, of the Moscow District, dismissed three appeals of the Savings Bank of Russia, and sustained relevant judgments of the court of first instance and appeal court, reported the press-centre of FAS Russia.
Therefore, the Cassation Court confirmed validity of the three resolutions of the Regional Office of the Federal Antimonopoly Service (UFAS Russia) in the Khanty-Mansiisky Autonomous Okrug - Yugra, regarding administrative charges against the Shareholding Commercial Savings Bank of the Russian Federation in form of a fine amounted to 200 000 Rubles for failure to present notifications on entering into agreements.
The hearing on the forth complaint is scheduled on 6th August 2007.
Earlier the Khanty-Mansiisky Regional Office of FAS Russia found that № 5940 Surgut branch of the West-Siberian bank of the Savings Bank of Russia breached Part 9 Article 35 of the Federal Law "On Protection of Competition".
№ 5940 Surgut branch of the West-Siberian bank of the Savings Bank of Russia breached the law by failing to present within 15 days notifications on the agreements singed with car dealers and related with the programme of crediting physical persons - buyers to the antimonopoly body.
The Khanty-Mansiisky UFAS Russia sent a request to the branches of the Savings Bank of Russia on presenting information about all agreements, in any form, between a branch of the Savings Bank of Russia and executive bodies, local self-government bodies and other organizations.
№ 5940 Surgut branch of the West-Siberian bank of the Savings Bank of Russia sent a letter to the antimonopoly office enclosing relevant documentation. Upon examination of the received information, it was established that the bank branch signed Cooperation Agreements with commercial organizations; however, it failed to inform the antimonopoly body about four of such agreements.
Experts of the antimonopoly office established that the given agreements did not constitute contracts signed in course of common business practice and, therefore, do not relate to the exceptions specified in Clause 3 Part 9 Article 35 of the Federal Law "On Protection of Competition". Taking the above into consideration, the Khanty-Mansiisky UFAS Russia found that the Savings Bank of Russia, in person of № 5940 Surgut branch of the West-Siberian bank, had breached the antimonopoly legislation.
Based on the reestablished facts of violations and under Part 1 Article 19.8 of the Code of Administrative Violations of the Russian Federation, the Khanty-Mansiisky UFAS Russia imposed administrative charges in form of a fine on the Savings Bank of Russia.
The Savings Bank of Russia appealed against the resolutions of the antimonopoly office to the Arbitration Court of the Khanty-Mansiisky Autonomous Okrug; and the cases were transferred to the Moscow Arbitration Court under jurisdiction over the subject matter.
In March 2007, the Moscow Arbitration Appeal Court dismissed the complaint of the Savings Bank of Russia requesting to cancel the resolutions of the Khanty-Mansiisky UFAS Russia on administrative charges against the Savings Bank of Russia, while in May 2007 the 9th Moscow Arbitration Appeal Court confirmed validity of the judgments passed by the court of first instance.
The Savings Bank of Russia approached the Cassation Court with appeals against four resolutions issued by the Khanty-Mansiisky Regional Office of FAS Russia. The Cassation Court, however, supported the legal proposition of FAS Russia.
Комментарии