OREANDA-NEWS. November 14, 2008. The 9th Arbitration Appeal Court, Moscow, dismissed the claim of the St Petersburg Committee for Economic Development, Industrial Policy and Commerce and confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

Earlier FAS Russia recognized that the St Petersburg Committee for Economic Development, Industrial Policy and Commerce violated the Federal Law "On State and Municipal Procurement of Goods, Works and Services" and issued a determination to eliminate the violations.

FAS Russia received the complaint of "INZHTRANSSTROI CORPORATION" Ltd. The Petitioner stated that Committee for Economic Development, Industrial Policy and Commerce unlawfully rejected the company's bid for the tender for design and reconstruction of the airway in "Pulkovo" airport.

Later the petitioner withdrew the complaint but FAS Russia organized an unscheduled inspection and revealed that:

1) The bidders were required to give the mailing address. Under regulations, the bidders' location and mailing address can be different and it does not constitute the grounds for refusing the bids.

2) According to the tender documentation, the bidders were required to present calculations for design and construction-and-assembling-operations, which contravened Part 4 Article 25 the Federal Law "On State Procurement".

Having investigated the case, FAS Russia issued a determination to the Committee to fully eliminate the violations.

The Committee, however, approached the court of law stating that FAS Russia's decision and determination were unlawful, as the "INZHTRANSSTROI CORPORATION" Ltd. had withdrawn the petition.

The Court found such arguments ungrounded because FAS Russia's decision and determinati0ns we re based on the findings of unscheduled inspection.

The Court of the Appeal Instance also confirmed the rightness of the Antimonopoly Authority.