OREANDA-NEWS. June 16, 2014. The Appeal Court supported the Office of the Federal Antimonopoly Service in Moscow (Moscow OFAS Russia) on a case on replanning residential and non-residential premises in apartment houses in Moscow.

To rebuild an apartment or replan non-residential premises it is necessary to obtain a permit, which can be issued only after assessing technical conditions of constructions in a building for the purposes of carrying out works. According to a Decree of the Moscow Government, such conclusions could be obtained only from a specially selected engineering organization - “MoszhilNIIporekt” State Unitary Enterprise.

Moscow OFAS Russia considered this legal approach of the Moscow Government contrary to the federal law, which provided for a much broader range of persons – professional participants of the relevant service market allows issuing such conclusions.

Moscow OFAS Russia found that the Moscow Government violated Clause 5 Part 1 Article 15 of the Federal Law “On Protection of Competition” and issued a mandatory determination to eliminate the violation.

The Moscow Government, however, challenged the decision and determination of Moscow OFAS Russia through judicial proceedings and the Arbitration Court reversed them. The 9th Arbitration Appeal Court did not support the position of the Moscow Government and confirmed legitimacy of the decision issued by Moscow OFAS Russia.

“As soon as the decision and determination of Moscow OFAS Russia will come into force and will be executed, citizens will be able to obtain certificates on possibility to carry out works not only from a particular state unitary enterprise but also from other specialized organizations at a price based on the market costs of such services”, commented the Head of Moscow OFAS Russia, Rachik Petrosyan.