OREANDA-NEWS. June 14, 2012. The 5th Arbitration Appeal Court upheld the judgment of Primorie Regional Arbitration Court to pronounce validity of the decision and determination issued by Primorie OFAS Russia regarding Vladivostok City Legislature [Duma], reported the press-centre of FAS Russia.

The case was initiated upon a petition of “Vlad-Dom” Managing Company” Ltd. regarding unlawful actions of Vladivostok City Legislature, which passed the “Rules for Sanitary Area Management, Cleaning-Up and Maintaining Cleanness in Vladivostok” (the Rules), that determine the size of building surrounding grounds, for servicing of which managing companies are responsible, in particular, for cleaning (50 m instead of 25 m).

Such actions impose additional and unreasonable responsibilities upon the Managing Company to maintain building surrounding grounds and put managing companies that service different apartment blocks (by the number of apartments and their size) in unequal conditions.

Primorie OFAS found that Vladivostok City Legislature violated Article 15 of the Federal Law “On Protection of Competition” and issued a determination to introduce changes to the Rules that determine the size of building surrounding grounds, for servicing of which managing companies are responsible.

Vladivostok City Legislature challenged the Court judgment at Primorie Regional Arbitration Court, which upheld the decision and determination of Primorie OFAS Russia.

“By recognizing legitimacy of the decision and determination of the antimonopoly body on two occasions, the Courts confirmed our conclusion that it is unlawful to assign obligations of the city authorities for maintaining municipal areas upon entrepreneurs”, commented the Head of Primorie OFAS Russia, S. Vyalykh.