OREANDA-NEWS. On November 13, 2008 the Presidium of the Supreme Arbitration Court of the Russian Federation granted the claim of the Kurgan Office of the Federal Antimonopoly Service (OFAS Russia) to review by judicial supervision and revoke the rulings of the Court of Appeal and Cassation Instances and sustain the judgment of the Court of First Instance on the case of appealing the decision and determination of the Kurgan OFAS Russia by "Kurgansakaya Energosbytovaya Compania [Energy Retail Supplier]" OJSC, reported the press-centre of FAS Russia.

On 14th February 2007 the Kurgan OFAS Russia recognized that "Kurgansakaya Energosbytovaya Compania" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition". The company evaded signing the contract for buying-and-selling electrical energy because it unreasonably demanded "Electron" Ltd, - an energy retail supplier - to present the documents that were not specified in Clause 62 of the Regulations on Retail Energy Markets.

Based on the above decision, the Kurgan OFAS Russia issued a determination to "Kurgansakaya Energosbytovaya Compania" OJSC, requesting it to stop the antimonopoly violations and exercise the actions towards protection of competition.

"Kurgansakaya Energosbytovaya Compania" OJSC disagreed with the decision and determination of the Kurgan OFAS Russia and appealed.

On 7th May 2007 the Kurgan Regional Arbitration Court dismissed in full the claim of "Kurgansakaya Energosbytovaya Compania" OJSC and pronounced the decision and determination of the Kurgan OFAS Russia legitimate and justified.

On 13th August 2007 the 18th Arbitration Appeal Court revoked the judgment of the Court of First Instance and invalidated the decision and determination of the Kurgan OFAS Russia.

On 27th November 2007 the Federal Arbitration Court of the Urals District sustained the ruling of the Court of the Appeal Instance and dismissed the cassation appeal of the Kurgan OFAS Russia.

The Kurgan OFAS Russia appealed the rulings of the Court of Appeal and Cassation Instances to the Supreme Arbitration Court of the Russian Federation for review by judicial supervision.

The Presidium of the Supreme Arbitration Court of the Russian Federation revoked the rulings of the Court of Appeal and Cassation Instances and sustained the judgment of the Court of First Instance, and, therefore, confirmed that the company had violated Part 1 Article 10 of the Federal Law "On Protection of Competition" because it had evaded signing the contract for buying-and-selling electrical energy by placing an ungrounded request to the retail supplier regarding the documents not specified in Clause 62 of the Regulations on Retail Energy Markets.