Appeal Court: Government of Astrakhan Region Violated Law
OREANDA-NEWS. January 25, 2012. The 9th Arbitration Appeal Court upheld the decision of the Federal Antimonopoly Service (FAS Russia) that the Government of the Astrakhan region violated Part 1 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.
The Ministry violated the law by compiling the list of motor vehicles and refuse collection and street cleaning vehicles for the needs of the Astrakhan region on the basis of “the List of Motor Vehicles and Refuse Collection and Street cleaning vehicles for Purchasing by the Constituent Territories of the Russian Federation Using Subsidies”, approved by the Ministry of Industry and Trade of the Russian Federation without taking into account equivalent equipment.
The Ministry of Housing & Utility Services of the Astrakhan Region filed a lawsuit to Moscow Arbitration Court to find the decision of FAS Russia unlawful and invalidate it.
In its turn, Moscow Arbitration Court dismissed the claim, upheld the FAS decision and supported the position of the antimonopoly authority that the Government had created barriers for manufacturers (suppliers) of equipment taking part in procurement of goods for state (municipal) needs.
The Ministry disagreed with the decision of Moscow Arbitration Court, and asked the Appeal Court to reverse the judicial act of the lower Court.
Having examined the factual circumstances and case materials, the Appeal Court dismissed the claim of the Ministry.
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