OREANDA-NEWS. On June 23, 2009 the Federal Antimonopoly Service (FAS Russia) initiated a case against "RZhD" OJSC for violating Clause 3 Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position), reported the press-centre of FAS Russia.

The grounds for initiating the case: high social importance of the company's decision on the final fee for the consumers for long-distance passenger transportation (the rates for transportation and other charges set by "RZhD" OJSC). Initiating the case was also prompted by the Prosecutor's General Office of the Russian Federation inspecting legitimacy of including the charges for using bed-linen in the passenger transportation fare for long-distance trains.

According to the instructions of "RZhD" OJSC of 16th June 2006 "On including charges for using bed-linen in the passenger transportation fee", the charges for using bed-linen were included in the rates for passenger transportation in compartment carriages and luxury carriages on all train categories from 0 hours on 1st August 2006, except Express trains (whose numbers starts with 800).

"RZhD" OJSC based its instruction on Clause 32 of the Rules for providing passenger transportation services on railway transport, as well as cargo and luggage transportation for personal, family, household and other needs, not related to commercial activities. The Rules were approved by the Government of the Russian Federation.

Clause 32 of the Rules for providing transportation services indicates that a passenger travelling in sleeping carriages in the long-distance trains can, if (s)he wishes, get a bedding set for an additional charge, if the price of a bedding set in not included in the train fare.

Thus, including the services for using bed-linen in the contract was not relevant to the subject mater of the contract and deprived the passengers from a possibility to exercise their right to get a bedding set if they wish,when travelling in long-distance trains, for an additional charge, as specified by the Rules for providing transportation services.

Also "RZhD" OJSC is not authorised to exercise the procedures for applying and establishing (including/ excluding) the works/ services and (or) fess/ charges to/ from the rates for transportation by railway transport in general use.

The case against "RZhD" OJSC will be heard on 18th August 2009.