On October 1, 2013 the Federal Commercial Court of the North-Caucasian Okrug upheld the rulings of the lower-level authorities that had invalidated the decision of FAS of Russia Rostov Directorate. The local antitrust authority had found METRO Cash & Carry to be creating a discriminatory environment among suppliers because it priced its services pro rata to sales.
Note that...
On 27 September the Arbitrazh (Commercial) Court of the city of Moscow handed down its judgment in METRO Cash & Carry vs FAS of Russia. The case was in the trial court's pipeline for about a year and a half. During this time it was followed by all food retailers. The Arbitrazh Court ruled illegal and quashed the decision and order of FAS of Russia, as well as 63 administrative rulings that h...
Following one and a half year long additional field tax audit, performed by Moscow city Directorate of the Federal Taxation Service, around 420 mln rubles were assessed to a large systems integrator company. KIAP lawyers have performed a thorough analysis of the field audit Act, prepared detailed written objections thereon as well as represented the Client in course of pretrial review in the cit...
On 9 July 2013 there came into effect a judgment of the Arbitrazh [Commercial] Court of Rostov Oblast, which can become a watershed for one of the fastest-growing sectors of the Russian economy – food retailing.
We remind the readers that on 8 April 2013 the Arbitrazh Court of Rostov Oblast set aside the decision of the Rostov Office of FAS of Russia, which found KIAP's Princi...
11 June 2013 the Federal Arbitrazh (Commercial) Court of Volga Okrug upheld a Samara Oblast Commercial Court judgment that granted the claim of KIAP's client, a major Russian manufacturer, for recovery of a debt in the amount of some RUR 5,000,000 under a patent licensing contract.
In defence of its refusal to pay royalties under the contract, the defendant claimed prior use. Courts of three...
In January 2013, goods imported by the KIAP's Client into the RF were revalued by customs - a Uralian District customs authority added royalties to the customs value of the goods.
The decision was challenged by the KIAP's lawyers in a court of law. The action was based on earlier precedent-setting successfully litigated disputes in the Central (case No A23-1555/2010) and North-Western (case ...
Houghton, a major international supplier of special-purpose industrial fluids for metal processing, faced a labor dispute resulting from a conflict with a regional top manager of the entity concerning remission of disciplinary penalties, declaration of dismissal as invalid, and recovery from the employer of travel and medical expenses.
Based on the results of lengthy court proce...
On March 5, 2013, the Moscow City Arbitration Court dismissed a claimant's claim for the early termination of the legal protection of QUELLE's trademark under its international registration.
As a result of adjudication, Konstantin Suvorov, KIAP partner, succeeded in proving that the stated claims were unjustified. In this connection, the court declared the claimant to be disinterest...
KIAP has brought to a close a lengthy and precedent-setting dispute between a Canadian developer and a major energy provider in the Moscow region. As a result of electricity-metering irregularities, the customer was overbilled for electricity usage for a number of years.
KIAP succeeded in demonstrating that electricity consumption had been metered incorrectly for a long time and that the energy...
The employment dispute with a former CEO centred on the allegations of illegal employment termination, reinstatement and damages sought from the employer for the duration of forced unemployment in the amount of several million roubles.
After long litigation, KIAP succeeded in demonstrating that the claim was without merit, and it was rejected by the court in its entirety.
Acting as coun...
Attorneys of Korelskiy, Ischuk, Astafiev and Partners, Attorneys at Law submitted to the Constitutional Court a request to verify validity of Part 9 Article 115 of the Criminal Proceedings Code of the Russian Federation, which at the opinion of the Firm’s lawyers contradicts Article 19 (Part 1), Article 34 (Part 1) and Article 35 (Parts 1-3) of the Constitution of the Russian Federation as...
On December 11, 2012, under the ruling of the Supreme Commercial Court of the Russian Federation, Swiss reinsurer Infrassure was denied to have the case transferred to the Presidium of the Supreme Commercial Court of the Russian Federation.
Therefore, the highest judicial instance ended the multi-year insurance dispute concerning the reinsurance compensation following an accident at the Saya...
The ruling of the Court of Commercial Arbitration for Kaluga Region was published recently and became an important milestone in the years-long dispute between Mail Order Service (Quelle trademark) and Kaluga Customs. The court has once again upheld the position of the Company detailed by the experts of the Firm and, accordingly, reduced the claims of the Customs Office by more than 50 times comp...
On September 1, 2012 the Supreme Commercial Court of the Russian Federation published full text of the Ruling of Its Presidium dated June 19, 2012, case No. 1831/12, where ZAO RTK was represented by the partner of the Firm Ilya Ischuk and senior associate of the Firm’s litigation practice Mikhail Samoylov.
This case has drawn particular attention as it dealt with the question of validi...
On July 20, 2012, the Supreme Commercial Court of the Russian Federation refused to uphold demands of OAO Kolskaya Energy Retail Company, which had contested the norm under Ruling No. 1179 of the Government of the Russian Federation dated 12/29/2011, which sets a procedure for settlements between the claimant or other guarantee-basis suppliers and OAO Oboronenergosbyt. On stages of development ...
On June 19, 2012 the Presidium of the Supreme Commercial Court of the Russian Federation heard the case concerning the right to equality in access to justice, ZAO RTK (MTS Retail) vs Sony Ericsson Mobile Communications Rus. The matter drew attention of the legal community as the issue of equality in access to the judicial system has never been examined from this angle before.Under the terms of the...
The experts from Korelskiy, Ischuk, Astafiev & Partners, Attorneys at Law were successful representing the interests of a large Russian retail network with foreign capital, on 20 disputes with its suppliers, in all litigation instances.
Thanks to more than two-year-long litigation work of the Firm’s attorneys, the overall economic benefit for the Client exceeded 350 million roubles.Furthermor...
A dispute between a well-known Moscow-based management company and one of the largest regional privately-owned pension funds, since mid-2010 undergoing with involvement of Korelskiy, Ischuk, Astafiev and Partners, Attorneys at Law, has been finally brought to its conclusion. On 17 May 2012, having reviewed the matter for the second time, the Federal Arbitration Court of the Moscow District has ful...
The team of Korelskiy, Ischuk, Astafiev and Partners, Attorneys at Law once again achieved important successful litigation outcome in the Federal Arbitration Court of the Moscow district, on the insurance dispute regarding Sayano-Shushenskaya hydro power plant accident (total volume of the claim exceeding 1.1 billion roubles).Based on the results of the court session that was held on May 14, 2012,...
On April 5, 2012, the Presidium of the Supreme Commercial Court of the Russian Federation heard case А79-7518/2010 on the claim filed by OOO Novek Management Company for invalidation of an instruction by Rospotrebnadzor, under which instruction this agency imposed upon the plaintiff an obligation to cease the violation of the rights of the users of heating utility services. Korelskiy, Ischuk, Asta...