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Ruling of the Supreme Court Judicial Division for Economic Disputes of 20 February 2017 № 306-ЭС16-16518

Whether the procurator (public prosecutor), when applying to a court in the interest of an uncertain class of persons, should use the mandatory extrajudicial dispute settlement procedure before?

Judgment of the Presidium of the Supreme Commercial Court of 12 November 2013 № 13817/10 in the case Sberbank vs The company “Eksima”

Whether the judicial decisions that were already rendered may be reversed on the ground of a judgment of the Presidium of the Supreme Commercial Court which provides that “this interpretation of legal rules is universally binding and subject to application at consideration of analogous cases by commercial courts”, but at the same time says nothing as to the retroactive force of such interpretation?

Judgment of the Presidium of the Supreme Commercial Court of 11 December 2012 № 9604/12 in the case The company “Sibir Tranzitnefteprovod” vs The company “Karkade”

Point of law: from which moment should start the term for filing a complaint to cassational court if earlier an appellate court has refused to restore the missed term for appeal?

Judgment of the Presidium of the Supreme Commercial Court of 11 December 2012 № 4340/12 in the case The company “Stroygarant” vs The company “Real Estate Agency “Zhilishnyi Vopros”

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?

Judgment of the Presidium of the Supreme Commercial Court of 13 November 2012 № 9007/12 in the case The company SABMiller RUS vs The company “Aleksandrit” et al.

Point of law: whether a dispute arising out of a lease contract which was secured by suretyship of a natural person, not having the status of individual entrepreneur, may fall nonetheless within the jurisdiction of commercial courts?

Judgment of the Presidium of the Supreme Commercial Court of 30 October 2012 № 8035/12 in the case The Department of Town Planning and Architecture of the City of Perm vs the Federal Bureau for Technical Supervision

Points of law: 1) may a court refuse to affirm an amicable agreement which contains conditions not related to the dispute at hand? 2) whether court should issue a separate ruling in the event of such refusal?

Judgment of the Presidium of the Supreme Commercial Court of 9 October 2012 № 7628/12 in the case Citizen Korneev et al. vs Uniastrum Bank

Point of law: whether it is possible to institute a group action under Chapter 28.2 of the Commercial Procedure Code, if the plaintiff and the persons, in whose interests he files a suit, are not participants of the same legal relation, because their demands as to the recovery of losses are based on independent contracts, the losses differ in terms of their amounts and composition, and the plaintiff lacks the status of individual entrepreneur?

Judgment of the Presidium of the Supreme Commercial Court of 9 October 2012 № 6499/12 in the case The company “Chimagropromtorg” vs The state scientific institution “Elets experiment station for potato”

Point of law: whether the term for submission of cassational complaint in electronic form has been missed, given that the complaint came into the personal account of the user (a party to proceedings) on the final day provided by law for submitting it to cassational court, but the court has actually received it on the next day only?

 

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