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Decree of the Plenary Session of Supreme Commercial Court of 12 July 2012 N 43 “On Making Changes in the Judgment of the Plenary Session of Supreme Commercial Court of the Russian Federation of 17.02.2011 N 12 “On Certain Questions of the Application of the Commercial Procedure Code of the Russian Federation in the version of the Federal Law of 27.07.2010 N 228-FZ “On Making Changes in the Commercial Procedure Code of the Russian Federation”

By this judgment the Plenary Session of the Court clarified its own earlier explanations regarding court notices, and gave additional explanations as to litigation expenses. In particular, it explains:

- what should be considered as the latest judicial act for the purposes of reimbursement of litigation expenses;

- that a claim as to litigation expenses should be considered by an individual judge within a reasonable term, which under the Commercial Procedure Code should not exceed 3 months;

- that the composition of legal expenses, connected with the consideration of the case by a commercial court, shall be included also expenses borne by a party for consideration of the claim on reimbursement of litigation expenses;

- that the claim regarding litigation expenses borne at the stage of execution of judicial acts may be presented to the court, which considered the case in a capacity of the court of first instance, within 6 months from the moment of issuance of a decision of a judicial bailiff-executor concerning the termination or completion of execution procedure.

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

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