OREANDA-NEWS. January 24, 2013. The Federal Arbitration Court of the Moscow District supported the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the “Maserati case” and dismissed the claim of the Federal Agency for State Property Management (Rosimuschestvo).

In December 2011, FAS received a complaint about selling Maserati М 128 GT car without competitive bidding. Rosimuschestvo placed information about sale of the confiscated car at its official web-site and in the “State Property” bulletin. In April 2011, the car was sold by direct sale to a physical person who was the first to file an application for registering the contract.

FAS found that Rosimuschestvo violated Part 1 Article 15 of the Federal Law “On Protection of Competition” (competition-restricting actions of federal executive bodies).

Investigating the case, the FAS Commission established that the federal body sold the property converted into ownership of the Russian Federation without competitive bidding and issued a determination to the Federal Agency for State Property Management to sell such property in accordance with the procedures specified by the Federal Law “On Privatizing State and Municipal Property”.

Rosimuschestvo challenged the decision and determination of the antimonopoly body at Moscow Arbitration Court, the Appeal Court and the Federal Arbitration Court of the Moscow District. The Courts of all three instances dismiss the Agency’s claim and confirmed legitimacy of the FAS decision and determination.

“The decision of the Cassation Court put an insurmountable barrier to arbitrary sale of state property without competitive bidding”, commented the Head of FAS Department for Control of Housing & Utilities Sector, Construction and Natural Resources, Vadim Solovyov.