OREANDA-NEWS. October 06, 2010. Moscow Arbitration Court found that the Federal Customs Service of Russia (FTS Russia) unlawfully failed to take actions – failed to fulfill the execution issued by the Federal Antimonopoly Service (FAS Russia) to created competitive conditions for operation of the coordinator of emission of customs cards, reported the press-centre of FAS Russia.                                    

On 2nd April 2009, FAS Russia found that FTS Russia violated Clauses 2 and 5 Part 1 Article 15 of the Federal Law “On Protection of Competition”, by passing acts that led to unreasonable prevention of the operations of “Tamozhennaya Karta” Ltd. in its capacity of the coordinator of emission of customs cards; as well as to restricting the choice of economic entities who provide (can potentially provide) the services of the coordinator of emission of customs cards for emitting banks who buy the services of the coordinator of emission of customs cards.

To stop the antimonopoly violations, FAS Russia issued a determination to FTS Russia to withdraw and change the acts that are contrary to the antimonopoly law.

In particular Clause 1.2 of the determination obligated FTS Russia to introduce changes to the Order of the State Customs Committee of Russia “On Improving the System of Customs Duty Payments”, which creates specific conditions for operation of the coordinator of emission of customs cards.

Under Clause 2.2 of the determination, FTS Russia must have submitted for FAS Russia’s approval a draft order containing changes specified in Clause 1.2 of the determination.

The Federal Customs Service disagreed with the decision and the above part of the determination and filed a lawsuit.

On 24th March 2010, the Federal Arbitration Court of the Moscow District confirmed legitimacy of the GAS Russia’s decision and determination. When the ruling of the Cassation Court came into force, FTS Russia must have executed the FAS Russia’s determination in full.

Up to now, the Federal Customs Service has failed to execute the determination and continue antimonopoly violations. FAS Russia filed a claim to the Arbitration Court to force FTS Russia to execute the legitimate determination of the antimonopoly authority.

On 29th September 2010, Moscow Arbitration Court obligated FTS Russia to execute the determination within ten days after the ruling of the Arbitration Court comes into force.