In its ruling of 24.10.2007, the Federal Arbitration Court of the Povolzhsky Circuit affirmed the validity of the decision of the Arbitration Court of the Samara Region and the resolution of the Eleventh Arbitration Appeals Court, pursuant to which the CJ

This situation was considered by the local antimonopoly authority, and it was established that the services in question could be received by LLC “Samaraorgsintez” only from CJSC “Neftekhimiya”. The antimonopoly agency recognized CJSC “Neftekhimiya” as an entity holding a dominant position on the relevant local goods markets, and obliged CJSC “Neftekhimiya” to execute agreements with LLC “Samaraorgsintez” for the rendering of the said services, including the services of supply, cleaning, maneuvering of railway wagons and lease of factory railways.

Furthermore, LLC “Samaraorgsintez” filed an independent claim with the Arbitration Court of the Samara Region calling for an enforcement of CJSC “Neftekhimiya” to execute an agreement with LLC “Samaraorgsintez” concerning the supply, cleaning, maneuvering of railway wagons and lease of factory railways. The claim was based on the provisions of the Charter of the Railway Transport of the Russian Federation, namely art. 60.

Based on this article, the court deemed the agreement to be public and mandatory upon CJSC “Neftekhimiya”. On these grounds, the court established the obligation of CJSC “Neftekhimiya” to execute an agreement with LLC “Samaraorgsintez” concerning the services of supply, cleaning, maneuvering of railway wagons and lease of factory railways.

The validity of the decision of the Arbitration Court of the Samara Region were upheld by the Eleventh Arbitration Appeals Court, and also by the Federal Arbitration Court of the Povolzhsky Circuit.

LLC “Samaraorgsintez” in arbitration courts of all instances was represented by attorneys of the Law firm “YUST.”

This case is interesting in terms of application by the courts of relevant legislation governing relations within the sphere of railway transport services.