The Federal Arbitration Court of the Moscow Circuit upheld the resolution of the Tenth Arbitration Appeals Court that annulled the ruling of the Arbitration Court of the Moscow Region of 18.10.2005 and satisfied the claim filed by OJSC “RMZ “Krasnopakhors

In its resolution of 04.09.2006, the Federal Arbitration Court of the Moscow Circuit upheld the ruling of the Tenth Arbitration Appeals Court of 13.06.2006, that annulled the ruling of the Arbitration Court of the Moscow Region of 18.10.2005 and satisfied the claim filed by OJSC “RMZ “Krasnopakhorsky” for the acknowledgement as invalid the public sale of a real estate owned by it.

The public sale was conducted within the framework of executive procedure, instituted on the basis of an illegal resolution of the tax authorities concerning the recovery of indebtedness in the payment of dues into the budget at the cost of the property of the taxpayer.

Initially, in its ruling of 18.10.2005, the Arbitration Court of the City of Moscow dismissed the claim filed by OJSC “RMZ “Krasnopakhorsky” on the grounds of the expiry of the period of limitation of actions and the absence of violations in the conduct of the public sale.

The interests of OJSC “RMZ “Krasnopakhorsky” were represented by attorneys of the law firm “YUST” at the appeals and cassation stages, and they achieved the revocation of the indicated ruling and the satisfaction of the client’s claim.

The Tenth Arbitration Appeals Court accepted the arguments of the claimant’s representatives regarding the illegality of the public sale, declared the conclusions of the arbitration court of the first instance as inconsistent with the circumstances of the matter and legal norms, and satisfied the claim filed by OJSC “RMZ “Krasnopakhorsky.”

On 04.09.2006, the Federal Arbitration Court of the Moscow Circuit affirmed the legality of the conclusions of the arbitration court of the appeals instance.