Point of law: which judicial instance should reconsider a case on the basis of new circumstances – the court which adopted the judicial act to be reconsidered or the higher instance court which subsequently endorsed that act?

Ratio decidendi: the Presidium came to conclusion that reconsideration should be done by the court which adopted the judicial act in question, and not the higher instance court as long as the latter has not reversed or changed that act. Hereby the Presidium has maintained its earlier holding (cf. the judgment from 5 October 2010 № 11009/07).

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.