Court Confirmed Legitimacy of FAS Decision on Rosselkhoznadzor
OREANDA-NEWS. April 20, 2009. The Moscow Arbitration Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) regarding the Federal Service for Veterinary and Phytosanitary Supervision (Rossel'khoznadzor), reported the press-centre of FAS Russia.
Earlier FAS Russia investigated a case against Rossel'khoznadzor for violating Clause 2 Part 1 Article 15 of the Federal Law "On Protection of Competition" and concluded that Rossel'khoznadzor breached the antimonopoly provisions and issued a determination requesting to take appropriate measures to eliminate the violations.
Rossel'khoznadzor breached the law by unreasonably demanding economic entities applying for phytosanitary certificates to present information on the number of the vehicle intended for carrying the quarantine goods.
Meeting such a requirement would be difficult for most of economic entities involved in transportation of quarantine goods. Furthermore, such a requirement is not specified by the national or international legislation on plant quarantine, and based on those facts FAS Russia issued the above decision and determination.
Rossel'khoznadzor disagreed with the decision and determination issued by the antimonopoly authority and filed a lawsuit.
The Moscow Arbitration Court considered the evidence and explanations on the case challenging the FAS Russia's decision and determination and dismissed the claim of Rossel'khoznadzor, therefore, supporting FAS Russia and the concerned economic entities.
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