Judgment of the Presidium of the Supreme Commercial Court of 31 January 2012 № 12506/11 in the case The entrepreneur Elena Samsonova vs The City of Tula et al.
- Court:
- Supreme Commercial Court
- Point of law: whether the recognition of the actions of a public authority as being unlawful by way of procedure of Chapter 24 of the Commercial Procedure Code is a necessary precondition of the recovery of losses caused by those actions pursuant to Arts 16 and 1069 of the Civil Code?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 31 January 2012 № 11025/11 in the case Research-and-production company "Kombioteks" vs The company "Serum Institute of India Ltd"
- Court:
- Supreme Commercial Court
- Point of law: whether the invention previously patented in a foreign state ought to be taken into account when determining the level of technique within the procedure of consideration of patent application with regard to a supposedly equivalent invention?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 17 January 2012 № 11292/11 in the case The Company "RLP-Yarmarka" vs The company "Aternum"
- Court:
- Supreme Commercial Court
- Judgment of the Presidium of the Supreme Commercial Court of 17 January 2012 № 11292/11 in the case The Company “RLP-Yarmarka” vs The company “Aternum”
Subject areas:
Decree of the Plenary Session of the Supreme Commercial Court of 22 December 2011 № 81 “On certain questions of the application of Article 333 of the Civil Code of the Russian Federation”
- Court:
- Supreme Commercial Court
- In this decree the Supreme Commercial Court has resolved a number of controversial issues relating to the reduction of contractual penalty by way of court decisions.
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 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 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 № 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 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 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 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:
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