OREANDA-NEWS. February 22, 2013. Moscow Arbitration Court dismissed the claim of “TSZh Stolitsa” Ltd. on invalidating the FAS determination to fine the company for providing incorrect information, reported the press-centre of FAS Russia.

The administrative case was initiated upon “TSZh Stolitsa” Ltd. knowingly providing incorrect information in the course of FAS investigation of a petition filed by a physical person.

Investigating the case, FAS received different versions of the same contracts from the petitioner and “TSZh Stolitsa” Ltd.; the subject matter of the contract - acceptance of housing-and-utilities services between the company and payment agents “Perspektiva” Ltd. and “Evrika” Ltd. Both versions were signed and certified by the seals of the parties.

The difference between the two versions of the contract was the absence of the Clauses, which the petitioner described as competition-restricting arrangements.

“TSZh Stolitsa” Ltd. explained that the parties signed the versions of the contract with controversial clauses by mistake; the contracts did not come into force and, therefore, were not executed. Counteragents of “TSZh Stolitsa” Ltd. also confirmed this circumstance in writing.

Having analyzed the contract conditions, regulating coming the contracts into force, the norms of the civil law that determine the procedures for introducing amendments to the contracts and termination procedures as well as other materials obtained from “TSZh Stolitsa” Ltd. FAS concluded that the contracts in the version presented by the petitioner were valid, and the managing company knowingly submitted incorrect information about their content.

Having investigated the administrative case, liability for which is provided for in Part 5 Article 19.8 of the Code on Administrative Violations, FAS fined “TSZh Stolitsa” Ltd. 300,000 Rubles.

“TSZh Stolitsa” Ltd. challenged the decision to impose the fine at Moscow Arbitration Court; however, the claim was dismissed.

Reference:

Under Part 5 Article 19.8 of the Code on Administrative Violations, failure or untimely submission of data (information) to the federal antimonopoly authority, its regional bodies, provided for by the antimonopoly law of the Russian Federation, in particular, failure to provide data (information) upon a request of the above bodies, except cases specified in Parts 3 and 4 Article 19.8, as well as submitting knowingly incorrect data (information) to the federal antimonopoly authority, its regional bodies, shall be punishable by an administrative fine: upon physical persons - from 1500 to 2000 Rubles; upon officials - from 10,000 to 15,000 Rubles; and upon legal entities – from 300,000 to 500,000 Rubles.