SAC: FAS Order on Inspections Cannot Be Subject of Separate Appeal
OREANDA-NEWS. April 17, 2014. The Supreme Arbitration Court of the Russian Federation refused to transfer a claim of “Moscow City Notary Chamber” Non-Commercial Organization to the Presidium of the Supreme Arbitration Court to reconsider the ruling of the Federal Arbitration Court of the Moscow District under a supervisory review.
Moscow City Notary Chamber approached Moscow Arbitration Court to invalidate No. 266/13 FAS Order of 16th April 2013 on an unscheduled on-site inspection. Later Courts of First and Appeal Instances allowed the claim. On 6th February 2014, the Federal Arbitration Court of the Moscow District ruled to reverse the Courts of First and Appeal Instances and terminated the proceedings on the case.
“The Supreme Arbitration Court of the Russian Federation once again confirmed that FAS Orders on inspections did not infringe the rights and interests of an inspected persons and could not be a subject of a separate appeal”, pointed out the Head of FAS Anti-Cartel Department, Andrey Tenischev.
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