Points of law: 1) what are the requirements to the procedure of publication and dissemination of notifications concerning a public sale? 2) whether the consent of lessor is mandatory in case of the transfer of the right to lease of the state or municipal property?

Alternative views as to the first point: 1) no special requirements exist; 2) although such requirements have not been established by legislation, they have been worked out by case law.

Ratio decidendi: the second view is legally correct. In saying this, the Presidium has pointed out that the necessary requirements to such notification were set out in its judgment of 14 February 2010 № 7781/10. The interpretation given in that judgment is binding.

Alternative solutions as to the second point: 1) the consent of the lessor is not required; 2) the consent of the lessor is necessary; without it, it is possible to assign both rights and duties arising out of the lease contract of state and municipal property (sublease), but not to transfer only rights  without the attendant duties.

Ratio decidendi: in the opinion of the Presidium, the second solution is correct in law.

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.