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Judgment of the Presidium of the Supreme Commercial Court of 2 October 2012 № 6272/12 in the case The company “Prigranichie” vs The Company “Vostok-Avto-Bir”

Point of law: admissibility of the plaintiff’s argument that respondent’s vehicles could not cross the border of the Russian Federation without using the transportation facilities belonging to the plaintiff.

Ratio decidendi: such argument is not valid in court proceedings, because permission to cross the State border is effectuated by competent State agencies and may not be conditioned upon the mandatory use of private persons’ services.

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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