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Judgment of the Presidium of the Supreme Commercial Court of 6 December 2011 № 11523/11 in the case The United Aircraft Construction Corporation vs The Federal Service for Financial Markets

Point of law: whether the Russian Federation can be regarded as an affiliated person for the purposes of company law?

Ratio decidendi: the Russian Federation is neither legal nor natural person and therefore cannot be regarded as an affiliated person. In the view of the Presidium, the categorization of the Russian Federation as an affiliated person would have lead to an uncertainty as to the listing of such persons by all legal entities which otherwise ought to be regarded as affiliated persons of the Russian Federation.

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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