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Judgment of the Presidium of the Supreme Commercial Court of 22 January 2013 № 11696/12 in the case The company “Rusal  Krasnoyarsk Aluminium Plant” vs The Government of the Russian Federation

Point of law: whether Government of the Russian Federation should be regarded as a “federal body of executive power” and, consequently, whether its actions, including the issuance of normative acts, may be subject to judicial review for the purposes of the Law on the Protection of Competition?

Ratio decidendi: The Presidium held that the right to review of any normative act is guaranteed by Art 192 of the Commercial Procedure Code, and therefore the normative acts of the Government on the issues of competition law are also subject to judicial review.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code

Document  (204.00Kb)

All court decisions in the case

 

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