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Judgment of the Presidium of the Supreme Commercial Court of 1 December 2011 № 9987/11 in the case Administration of Cheliabinsk City et al. vs The Federal Agency for the Management of State Property et al.

Point of law: whether the land plots constituting a federal property may be compulsorily withdrawn for the needs of a municipality?

Alternative attitudes: 1) land plots may be compulsorily withdrawn in the procedure provided for by the civil legislation (the view of inferior courts); or 2) such land plots may not be compulsorily withdrawn because the withdrawal thereof by another public body would entail the termination of their use for the respective public needs; and the civil legislation does not apply to such cases.

Ratio decidendi: the second approach is legally correct.

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.

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All court decisions in the case

 

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