OREANDA-NEWS. January 26, 2009. The Federal Arbitration Court of the Moscow District upheld the rulings of the 9th Arbitration Appeal Court and dismissed the cassation appeal of the Moscow Government in the well-known case on floating landing stages, reported the press-centre of FAS Russia.

At the end of October 2008, the court of the appeal instance upheld the ruling of the Moscow Arbitration Court of 3rd September 2008, that dismissed the claim of the Moscow Government on invalidating the decision and determination of the Federal Antimonopoly Service (FAS Russia) in the part related to the Moscow Government.

FAS Russia initiated the case against the Moscow Government, "Mosvodokanal" Moscow State Unitary Enterprise, "Gormost" State Unitary Enterprise, the Moscow Department of the State Road Traffic Safety Inspectorate, of the Central Internal Affairs Directorate (GIBDD GUVD Moscow) and "Moskovskaya Gorodskaya Elekrosetevaya Kompania [Moscow City Electric Grid Company]" CJSC for violation of the Federal Law "On Protection of Competition".

The case was initiated upon a petition from economic entities that are involved in water use in the water area of the Moskva river on the basis of licenses and contracts for the use of water. Having investigated the case, FAS Russia found that the parties violated several provisions of the Federal Law "On Protection of Competition". Based on this decision, FAS Russia issued a determination to eliminate the violations of the antimonopoly legislation.

On 13th January 2009, "Gormost" State Unitary Enterprise, another organization involved in the case on floating landing stages, transferred the "turnover" penalty, imposed for violating the antimonopoly legislation, to the federal budget and informed the Federal Antimonopoly Service about it. In accordance with Article 14.32 of the Code of the Russian Federation on Administrative Violations, the fine amounted to 3.6 % of the proceeds gained by the legal entity.

The day before, on 12th January 2009, the 9th Arbitration Appeal Court upheld the ruling of the Moscow Arbitration Court and dismissed the appeal of GIBDD GUVD Moscow, against the ruling of the Court of First Instance, that earlier confimred the rightness of the Antimonopoly Service.

In December 2008, after losing two case hearing at the courts of law, the Moscow Government forwarded the documents, confirming that it had executed the FAS Russia's determination on the case, to FAS Russia.

The FAS Russia's determination contains the requirements to stop the antimonopoly violation, addressed to the state authorities, supervisory and interested organizations, whose actions infringed legitimate rights of entrepreneurs that operate in the water area of the Moskva river, using floating landing stages (floating hotels, restaurants, etc.).