• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Judgment of the Presidium of the Supreme Commercial Court of 27 November 2012 № 8039/12 in the case The company “Joint Enterprise “Pamiat” vs The Volgograd Regional Branch of the Federal Antitrust Service

Point of law: the meaning of the requirement that a request of the antitrust body to submit documents should be “reasoned”.

Alternative attitudes: 1) such request should contain concrete questions that arose in the course of examination of cases, for the solution of which the antitrust body needs the information requested; or 2) the request is sufficiently reasoned if it is clear from it that the requested documents are necessary for consideration of a certain case, that is, a reference to particular case would suffice.

Ratio decidendi: the second approach is legally correct.

Practical consequences: the Judgment does not provide for the possibility to reverse  inconsistent court decisions in prior analogous cases by virtue of Art 311 of the Commercial Procedure Code. Therefore, its ratio decidendi has only prospective force.

Text
All court decisions in the case

 

Have you spotted a typo?
Highlight it, click Ctrl+Enter and send us a message. Thank you for your help!
To be used only for spelling or punctuation mistakes.