OREANDA-NEWS. March 30, 2010. The Federal Arbitration Court revoked the rulings of the Arbitration Courts of First and Appeal Instances and confirmed legitimacy of the decision and determination of FAS Russia regarding the Federal Tariff Service (FTS Russia).

The rulings in question allowed the claim of FTS Russia on invalidating the decisions and Clauses 1.2 and 2.2 issued by the Federal Antimonopoly Service (FAS Russia) upon considering No.1 15/107-08 case on antimonopoly violations.

On 2nd April 2009, FAS Russia established the fact of FTS Russia violating Clauses 2 and 5 Part 1 Article 15 of the Federal Law "On Protection of Competition". FTS Russia passed the acts that resulted in:

- unreasonable prevention of activities of "Tamozhennaya Karta" Ltd. as a coordinator of a customs cards emission;

- setting restrictions for the banks emitting customs cards, which use services of a coordinator of customs cards emission, regarding their choice of economic entities that provide (can potentially provide) the services of a coordinator of customs cards emission.

To stop the antimonopoly violations, FAS Russia issued a determination to FTS Russia to abolish and amend the acts that contravened the antimonopoly law and exercise actions towards protection of competition.

In particular, Clause 1.2 of the determination establishes a responsibility of FTS Russia to introduce amendments to No.757 Order of the State Customs Committee of the Russian Federation "On Improving the System for Paying Customs Duties" of 10th August 2001, which are designed to create competitive conditions for activities of a coordination of customs cards emission.

Under Clause 2.2 of the determination, FTS Russia must present for FAS Russia's approval a draft Order, which contains amendments specified in Clause 1.2 of the determination.

The Federal Tariff Service disagreed with the decision and the above part of the determination and filed a lawsuit to the Moscow Arbitration Court.

On 14th September 2009, the Moscow Arbitration Court allowed the claim of FTS Russia on invalidating and abolishing the decisions and Clauses 1.2 and 2.2 of the FAS Russia's determination.

At the hearing on 17th December 2009, the 9th Arbitration Appeal Court upheld the ruling. However, the Federal Arbitration Court of the Moscow District allowed the cassation appeal of FAS Russia.

Before the court procedures, FTS Russia voluntarily executed other Clauses included in the FAS Russia's determination, which required, in particular, that FTS Russia should send written instructions to customs bodies about inadmissibility of unjustified refusals to accept customs cards issued by credit organizations that have contracts for customs cards emission with "Tamozhennaya Karta" Ltd. and "Tamozhennaya Platezhnaya Systema" Ltd.

After the ruling of the Cassation Court comes into effect, FTS Russia will be obligated to execute the FAS Russia's determination in full.