OREANDA-NEWS. November 07, 2012. The Appeal Court dismissed the claim of the Federal Agency for State Property Management (Rosimuschestvo) on invalidating the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the “Maserati case”, reported the press-centre of FAS Russia.

In December 2011, FAS received a complaint from a physical person that a Maserati М 128 GT car had been sold without competitive bidding. The vehicle was transferred to Rosimuschestvo following a ruling of Zelenograd District Court in Moscow in March 2010. Information about selling the car was published on the Agency’s official web-site and in the “Gosudarstvennoye Imuschestvo [State Property”] bulletin. However, in April 2011 the car was directly sold to a physical person that had been the first to file the request.

FAS initiated a case against Rosimuschestvo and found that the Agency violated Part 1 Article 15 of the Federal Law “On Protection of Competition” (competition - restricting actions of federal executive bodies). The FAS Commission established that the federal body had sold the property appropriated by the Russian Federation (seized and confiscated) without competitive bidding and issued a determination to the Federal Agency for State Property Management to sell the property, appropriated by the Russian Federation, in accordance with the procedures specified in the Federal Law “On Privatization of State and Municipal Property”.

Rosimuschestvo disagreed with the FAS decision and determination and filed a lawsuit to Moscow Arbitration Court and then an appeal to the Appeal Court to invalidate them. Agency’s representatives claimed that disposing of the state property the Agency had been governed by the Regulations on accounting, evaluating and disposing of the property appropriated by the state.

The Courts of two instances dismissed the Agency’s claim and supported the FAS decision.