OREANDA-NEWS. June 10, 2009. Upon a petition of "Azot" OJSC, on 5th June 2009, the Federal Antimonopoly Service (FAS Russia) initiated a case against "RZhD" OJSC for violating Part 1 Article 10 of the Federal Law "On Protection of Competition".

The case was initiated upon inspecting compliance of "RZhD" OJSC, in the person of its branch - "Gorky Railway" OJSC, with the Federal Law "On Protection of Competition".

FAS Russia suspects that "RZhD" OJSC violated the antimonopoly legislation by imposing unfavourable conditions upon a counteragent or not relevant to the subject-matter of the contract, that led or can lead preventing, restricting or eliminating competition and (or) infringing the interests of market participants involved in economic activities on the market of services for terminal handling of containers / container cargo.

Currently, according to a telegram sent by "RZhD" OJSC, container cargo transportation to rail stations that are not opened for container operations can be arranged pursuant to Clause 10 of the "Regulations for railway transportation of cargo in multipurpose containers", provided there are: applications of consignors or consignees; contracts for temporary arrangements of cargo transportation between a consignor / consignee and a carrier, signed in compliance with Article 8 of the Federal Law "Charter of the Railways of the Russian Federation".

Article 8 of the Charter provides for entering into a contract for cargo transportation under special conditions if the properties of the cargo, luggage, cargo-luggage, or their conditions, or transportation condition proposed a consignor / consignee are not provided for in the Rules for railway cargo transportation or the Rules for railway transportation of passengers, luggage, or cargo-luggage.

Under Clause 10 of the "Regulations for railway transportation of cargo in multipurpose containers", approved by the Order of the Ministry of Railways of 18th June 2003, "container cargo transportation takes place between railway stations that are open for handling containers of the maximum gross weight specified in the appropriate tariff guide. Container cargo transportation through rail stations that are not opened for container operations can be arranged provided there are appropriate contracts between a consignor / consignee and a carrier".

Therefore, container cargo transportation through rail stations, that are not opened for container operations, is stipulated by the current legislation (provided there are appropriate contracts) and does not require signing a contract with special provisions for cargo transportation.

The case hearing is scheduled for 16th July 2009.