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 № 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:
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 1 November 2011 № 7088/11 in the case The company "Aren" vs The Federal Service for State Registration, Cadastre and Cartography in Penza Region
- Court:
- Supreme Commercial Court
- Point of law: whether the consent of the seller of a real estate item (an edifice) to divide the land plot for the purpose of forming the land plot necessary for the use of the real estate is required, or such consent is not needed and the right to lease such land arises in the purchaser by virtue of the law?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 1 November 2011 № 6672/11 in the case The company “Тоp 7” vs The company “Softkei” et al.
- Court:
- Supreme Commercial Court
- Point of law: under which circumstances a web hosting provider may be found liable for the violation of exclusive right to the content placed on his peer-to-peer file sharing server?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 25 October 2011 № 18613/10 in the case Svetlana Moiseeva, an entrepreneur vs The company "Tander"
- Court:
- Supreme Commercial Court
- Point of law: whether the decision of a commercial arbitration court is lawful if the power of attorney of a party’s representative did not contain an explicit permission to participate in arbitration proceedings.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 25 October 2011 № 9382/11 in the case The Company "Garant-Stroi" vs The Building Committee of the Government of Saint-Petersburg
- Court:
- Supreme Commercial Court
- Judgment of the Presidium of the Supreme Commercial Court of 25 October 2011 № 9382/11 in the case The Company “Garant-Stroi” vs The Building Committee of the Government of Saint-Petersburg
Judgment of the Presidium of the Supreme Commercial Court of 20 October 2011 № 7517/11 in the case Retail filling chain “Salavat” vs Directorate on outdoor advertising, information and urban design of Izhevsk City
- Court:
- Supreme Commercial Court
- Legal issue: lower courts diverged as to whether an information shield should be considered as an advertisement and, consequently, whether its installation requires a license.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 18 October 2011 № 6478/11 in the case “Afro-Asia Consulting Inc.” vs Friedel Gerhard Wilms (Germany)
- Court:
- Supreme Commercial Court
- Points of law: 1) whether an arbitration clause contained in a contract may be still valid after the expiry of the term of such contract, provided that the parties to it have made it clear by their behavior that they regard the contract as being in force in spite of the expiry of its term; 2) whether it is open for an arbitration court to determine the applicable law, or the court must in all cases apply the law which is referred to in the arbitration clause.
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 18 October 2011 № 6977/11 in the case Sberbank vs The Company "Ladoga"
- Court:
- Supreme Commercial Court
- Point of law: whether the contract of surety is still in force if the amount of the underlying principal obligation which it intends to secure has been increased without the consent of the guarantor?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 18 October 2011 № 5355/11 in the case "Gazbank" vs The Inspection of the Federal Tax Service for Oktiabrskii district of Samara
- Court:
- Supreme Commercial Court
- Point of law: tax inspection have requested from the taxpayer the documents relating to his contractor, with the reference to Art 93.1 of the Tax Code of Russia. What kind of documents may it request under this article?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 11 October 2011 № 4820/11 in the case Ivan Zabolotskii, an entrepreneur vs The Administration of the municipality “Nemugunskii nasleg”
- Court:
- Supreme Commercial Court
- Point of law: when does the obligation to pay interest for the use of another’s means arise and, accordingly, when should commence the period of limitations with regard to such obligation?
Decree of the Plenary Session of the Supreme Commercial Court of 10 October 2011 № 71
- Court:
- Supreme Commercial Court
- In this Decree the Plenary Session of the Court has addressed a number of important issues of judicial practice relating to administrative offences.
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 4 October 2011 № 6417/11 in the case Parex banka vs The company "Univermag Moskva"
- Court:
- Supreme Commercial Court
- Point of law: does the law contain any special requirements as to the choice of law clause, especially its terminology? Should the clause, in order to be valid, refer to particular statutes?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 4 October 2011 № 7073/11 in the case Non-commercial partnership "Innovations in Power Industry" vs The company "Unikhimtek"
- Court:
- Supreme Commercial Court
- Point of law: whether the rules relating to the payment of membership fees by the members of associations and unions may, by way of analogy, govern the obligations as to the payment of fees by the participant of a non-commercial partnership who left the partnership before the end of financial year?
Subject areas:
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