Judgment of the Presidium of the Supreme Commercial Court of 20 December 2011 № 9924/11 in the case The company "Instroy" vs The company "SU-155"
- Court:
- Supreme Commercial Court
- Point of law: whether a suit seeking to coerce the purchaser to pay the contract sum under a contract of purchase-sale of land plot falls within the jurisdiction of commercial court at the location of the land plot?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 December 2011 № 9807/11 in the case Legal Centre in the Caucasian spa "Arbitr" vs The Enterprise "Stavropolkraivodokanal"
- Court:
- Supreme Commercial Court
- Point of law: whether arbitration courts do have powers to compulsorily impose upon parties to arbitration proceedings fines for non-payment of arbitration fees provided for by the rules of the arbitration court?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 December 2011 № 10473/11 in the case Neftekamsk branch of Sberbank vs The company "Artur-T"
- Court:
- Supreme Commercial Court
- Point of law: whether drafting of a single document signed by the parties is the only confirmation of the fact that the written form of credit contract has been observed?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 December 2011 № 9350/11 in the case The company "Trast-S" vs The Federal Service of Court Bailiffs
- Court:
- Supreme Commercial Court
- Point of law: whether an enforcement fee wrongly levied by a court bailiff-executor from the debtor and subsequently refunded following a suit of one of the creditors should be entirely spent to meet lawful claims of this particular creditor or the latter is entitled to only pro rata portion of the sum in question in accordance with the share of his claims within the consolidated execution procedure?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 13 December 2011 № 10590/11 in the case Liudmila Belochkina vs Oksana Chernyh et al.
- Court:
- Supreme Commercial Court
- Point of law: under which circumstances a sales-purchase contract with regard to a share in a limited liability company (LLC) must be held invalid, given that the purchaser was a third person (not a member of the LLC) whereas the charter of the company explicitly prohibited selling a share (or a part thereof) to any third person?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 6 December 2011 № 11523/11 in the case The United Aircraft Construction Corporation vs The Federal Service for Financial Markets
- Court:
- Supreme Commercial Court
- Point of law: whether the Russian Federation can be regarded as an affiliated person for the purposes of company law?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 1 December 2011 № 9987/11 in the case Administration of Cheliabinsk City et al. vs The Federal Agency for the Management of State Property et al.
- Court:
- Supreme Commercial Court
- Point of law: whether the land plots constituting a federal property may be compulsorily withdrawn for the needs of a municipality?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 22 November 2011 № 9113/11 in the case The Federal treasury enterprise “Samara factory ‘Kommunar’” vs “The interregional distribution grid company of Volga”
- Court:
- Supreme Commercial Court
- Point of law: whether the coercion to conclude a contract on the transmission of electricity between allied grid companies is lawful, provided that in the proposed draft of the contract the plaintiff appears only as a contractor (the one who renders services) whereas the defendant (the company which is being compelled to the conclusion of the contract) appears only as a customer (the consumer of services)?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 22 November 2011 № 17912/09 in the case The Company "Priokskoe" vs Company "Akvamarin" et al.
- Court:
- Supreme Commercial Court
- Point of law: whether the loss of corporate control by a member of limited liability company which has led to the temporary inability to change the LLC’s director-general, may serve as a ground for the tolling of the period of limitations for the purposes of challenging a transaction concluded by this director-general?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 17 November 2011 № 4238/11 in the case The company “Lecaz Holdings Limited” (Cyprus) vs The company "RN-Vlakra"
- Court:
- Supreme Commercial Court
- Point of law: whether the shareholder of a closed joint-stock company is considered to be properly notified about the holding of the general meeting of shareholders, given that he was represented by a management company, but the trust management contract with this company had already been terminated by the time of the meeting being held?
Subject areas:
Decree of the Plenary Session of the Supreme Commercial Court of 17 November 2011 № 73 "On certain questions of the practice of applying the rules of the Civil Code of the Russian Federation to lease contracts"
- Court:
- Supreme Commercial Court
- The Plenary Session has clarified a number of unclear issues in the area of lease contracts, particularly as regards the procedures of public tender for the right to lease State and municipal property.
Subject areas:
Judgment of the Presidium of the Supreme Court of 15 November 2011 N 8654/11 in the case Coal company “Severnyi Kuzbass” vs The Federal Inspection № 1 for Major Taxpayers of Kemerovo Region
- Court:
- Supreme Commercial Court
- Point of law: what is the role of international treaties with regard to interest payments from Russian companies to foreign residents – whether they regulate the composition of expenses deductible at the taxation of the profit of Russian companies, or such composition must be determined in accordance with the rules of the Russian Tax Code?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 15 November 2011 № 5641/11 in the case The company “Zhabinkovskii Sugar Plant” vs The Federal Treasury et al.
- Court:
- Supreme Commercial Court
- Point of law: who must prove the illegality of non-feasance of a State agency – this agency or the applicant who contests such non-feasance in a court?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 10 November 2011 № 8472/11 in the case The Land Resources Department of Moscow City vs The company "ARZ-3"
- Court:
- Supreme Commercial Court
- Point of law: from which moment the duty to make lease payment shall terminate if a sales-purchase contract as to the leased land plot has been concluded between the lessor and lessee?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 10 November 2011 № 6773/11 in the case Ministry of Culture of Buryat Republic vs The company "Meliorator"
- Court:
- Supreme Commercial Court
- Point of law: whether the envisaged value of the necessary conservation works to be carried out on an archeological site shall constitute a real damage, or it is merely hypothetical and therefore cannot be regarded as damage and, consequently, is not subject to compensation.
Subject areas:
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