Court Confirmed: Heating Energy Cannot Be Cut off without Satisfactory
OREANDA-NEWS. March 09, 2010. "Kursk District Housing & Public Utilities" State Unitary Enterprise did not have a right to cut of heating energy supply to a bona fide customer without legitimate grounds, concluded the Stavropol Regional Appeal Court, considering a complaint of "Kursk District Housing & Public Utilities" regarding the decision and determination issued by the Office of the Federal Antimonopoly Service in the Stavropol region (OFAS Russia), reported the press-centre of FAS Russia.
Earlier the Stavropol OFAS Russia found that "Kursk District Housing & Public Utilities" State Unitary Enterprise violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing market dominance and infringing consumer interests). The company violated the law by cutting off heating energy supply to its customer without satisfactory grounds. "Kursk District Housing & Public Utilities" State Unitary Enterprise and its customer had an energy supply contract (for heating energy supplies), under which the customer was a bona fide party. Having investigated the case, OFAS Russia issued a determination to "Kursk District Housing & Public Utilities" State Unitary Enterprise to stop antimonopoly violations.
"Kursk District Housing & Public Utilities" State Unitary Enterprise disagreed with the decision made by the antimonopoly body and appealed to the Arbitration Court.
However, the Arbitration Court of the Stavropol region and then the 16th Arbitration Appeal Court confirmed legitimacy of the FAS Russia's decision and determination.
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