Judgment of the Constitutional Court of 2015 № 27-П upon the petition of citizens Karabanov and Martynov
- Court:
- Constitutional Court
- The constitutionality of consideration of an appellate application regarding the litigation expenses in the absence of the parties to the dispute and without notifying them.
- Dissenting opinion:
- Zhilin Gennadiy
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 4 February 2014 № 9189/13 in the case KAO Corporation vs The company “Markos”
- Court:
- Supreme Commercial Court
- 1) whether compensation for the unlawful use of a trademark may be regarded as a penalty? 2) whether plaintiff’s expenses for court fee must be reimbursed to him in accordance with the amount of compensation he claimed for violation of his right to the trademark or in accordance with the amount that was actually awarded by the court?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 9 October 2012 № 9847/11 in the case The company “TGK № 2” vs The company “ZhEU ZAVremstroy”
- Court:
- Supreme Commercial Court
- Point of law: whether the person who succeeded in receiving a court decision which prescribes the review of the case on the basis of new or newly discovered circumstances may claim from the opposite party the reimbursement of his expenses for court representation?
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 18 September 2012 № 5338/12 in the case The company “Spektr” vs The Bath and Laundry Enterprise “Chaika” et al.
- Court:
- Supreme Commercial Court
- Point of law: whether it is possible to recover interest for the use of another’s means (Art 395, Civil Code), if the party which lost the case, has failed to reimburse timely the litigation expenses to the winner?
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 24 July 2012 № 2544/12, № 2545/12 и № 2598/12 in the case The company “Perspektivnye Tekhnologhii” vs Tax Inspection № 3 for the City of Moscow
- Court:
- Supreme Commercial Court
- Points of law: 1) whether court has a right to evaluate at its own initiative the reasonability of amounts expended by the winning party for court representation, and subsequently reduce them when recovering them from the losing party? 2) whether the evaluation of the reasonability of expenses is anyhow affected by the fact that they must be recovered from the State budget?
- Dissenting opinion:
- Petrova Svetlana
Subject areas:
Decree of the Plenary Session of Supreme Commercial Court of 12 July 2012 N 43 “On Making Changes in the Judgment of the Plenary Session of Supreme Commercial Court of the Russian Federation of 17.02.2011 N 12 “On Certain Questions of the Application of the Commercial Procedure Code of the Russian Federation in the version of the Federal Law of 27.07.2010 N 228-FZ “On Making Changes in the Commercial Procedure Code of the Russian Federation”
- Court:
- Supreme Commercial Court
- By this judgment the Plenary Session of the Court clarified its own earlier explanations regarding court notices, and gave additional explanations as to litigation expenses.
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 10 July 2012 № 6791/11 in the case The company INTEKO vs The Interregional Tax Inspection for Major Taxpayers № 3
- Court:
- Supreme Commercial Court
- Point of law: whether expenses incurred by the plaintiff for receiving a bank guarantee, which was a precondition for receiving an injunctive relief from the court, may be included into litigation expenses?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 26 June 2012 № 745/12 in the case Mikhail Kolesnikov, an entrepreneur vs The Inspection of the Federal Tax Service № 15 for the City of Moscow
- Court:
- Supreme Commercial Court
- Point of law: whether it is admissible to recover from a State body the expenses for legal services borne by an entrepreneur in connection with considering in administrative procedure wrongful complaints of such State body against his actions as a bankruptcy trustee?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 7 June 2012 № 14592/11 in the case The company “TGK-9” vs The Perm Regional Branch of the Federal Antitrust Service
- Court:
- Supreme Commercial Court
- Point of law: whether a third person, that is, a participant of the litigation who does not present separate demands as to the subject matter of the dispute, may recover litigation expenses?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 15 March 2012 № 16067/11 in the case Corporation “Aelita Software Corporation” (USA) vs The Interdistrict Inspection of Federal Tax Service № 47 for the City of Moscow
- Court:
- Supreme Commercial Court
- Point of law: who must prove the reasonability of expenses incurred by the winning party for court representation when this party demands their reimbursement?
Subject areas:
Judgment of the Presidium of the Supreme Commercial Court of 31 January 2012 № 12787/11 in the case The company "Special construction bureau "Planeta" vs The company "Geofizpribor"
- Court:
- Supreme Commercial Court
- Point of law: whether the duty to compensate for the court expenses may be placed upon a person who formally did not participate in the case but filed an appeal against the decision of the court (since the decision affected his the rights and duties) and thus in fact acted as a person participating in the case?
Subject areas:
Judgment of the Presidium of Supreme Commercial Court of 20 December 2011 № 12262/11 in the case of the company "Grosh&K"
- Court:
- Supreme Commercial Court
- Point of law: the federal law which entered into force on 1 November 2010 has limited the right to file to a court an application regarding the recovery of litigation costs by 6 month term from the moment of the completion of consideration of the case. Does this rule have a retroactive force and whether it may apply to cases whose consideration has been finished before that date?
Subject areas:
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