OREANDA-NEWS. September 16, 2009. The Arbitration Court of the Republic of Tatarstan fully satisfied the stated claims of FAS Russia for recovering nearly 71 million Rubles of illegally obtained income. The case was reconsidered due to newly discovered circumstances in view of the Ruling of the Constitutional Court of the Russian Federation of 24th June 2009, reported the press-centre of FAS Russia.

On 27th February 2006, the FAS Russia's Commission found that "Nizhnekamskneftekhim" OJSC violated the antimonopoly legislation in the market of the services for transporting ethylene via a major ethylene-pipeline.

FAS Russia issued a determination to "Nizhnekamskneftekhim" OJSC requesting it to transfer the income obtained due to violations of the antimonopoly legislation to the federal budget.

"Nizhnekamskneftekhim" OJSC overated the charges for pumping-over ethylene via a major ethylene-pipeline "Salavat-Sterlitamak-Ufa-Nizhnelamsk-Kazan" for one of its consumers - "Caustic" CJSC (Sterlitamak, the Republic of Bashkortostan).

In the FAS Russia's opinion, such actions of "Nizhnekamskneftekhim" OJSC created discriminatory conditions for one of its consumers and imposed contract terms and conditions irrelevant to the subject matter of the contract for ethylene transportation.

"Nizhnekamskneftekhim" OJSC appealed the decision and determination of the FAS Russia's Commission. The Court, however, pronounced them lawful and justified and the FAS Russia's decision and determination came into effect (the legal proceedings were completed in June 2007).

Nevertheless, "Nizhnekamskneftekhim" OJSC failed to execute the FAS Russia's determination and transfer the requested income to the budget. FAS Russia had to file a lawsuit to the Arbitration Court of the Republic of Tatarstan.

In February 2008, the Arbitration Court of the Republic of Tatarstan, and later the Appeal Court and the Cassation Court also confirmed the rightness of the FAS Russia's position regarding "Nizhnekamskneftekhim" OJSC.

However, the Constitutional Court of the Russian Federation ruled to reconsider the decisions regarding "Nizhnekamskneftekhim" OJSC in view of the constitutional legal interpretation of the provisions of the antimonopoly legislation (the powers of the antimonopoly authority to issue determinations on recovering income to the budget). The Arbitration Court of the Republic of Tatarstan reconsidered the case of FAS Russia against "Nizhnekamskneftekhim" OJSC and once again satisfied the stated claims of the antimonopoly body.