The Federal Arbitration Court of the Moscow District by its determination has abolished a decision of the Moscow Arbitration Court and a ruling of the Ninth Arbitration Court of Appeals, which originally satisfied the claim of the Moscow Territorial ad

Moscow Territorial Administration of Rosimushestvo filed to the arbitration court a claim against the close corporation “All-union Research Institute for Insulating Materials” (hereinafter – ARIIM) on collection of a sum of unjust enrichment for usage of nonresidential premises (from 01/01/2006 till 27/06/2007) being in federal ownership, on collection of interest accrued on the unjust enrichment sum, and on the defendant’s ejectment out of the premises occupied. The Federal State Unitary Enterprise "All-union Electro-technical Institute named after V.I.Lenin" was involved in this case as the third party.

By the decision of the Moscow Arbitration Court, which was left unchanged by the ruling of the Ninth Arbitration Court of Appeals, the claim was upheld in part relating to the collection from the close corporation «ARIIM» the sum of unjust enrichment and of interest; the claim on ejectment was denied.

In course of the hearings, the courts found that the premises had been used by the defendant without an appropriate title, and that the defendant had not been paying rents to the person, who was empowered by the owner, which constitutes unjust enrichment.

In the Cassational Court, the close corporation «ARIIM» was represented by advocates and lawyers of the Law firm «YUST».

On April 17, 2008, the Federal Arbitration Court of the Moscow District held a hearing on the case. In course of the hearing, the Court,found the arguments of the «ARIIM» representatives justified and reversed the judgment of the Moscow Arbitration Court and the ruling of the Ninth Arbitration Court of Appeals, and rendered a new decision on the case by rejecting the claim in full.

In the Cassational Court, the close corporation «ARIIM» was represented by Artem KUKIN, Partner of the Law firm «YUST», and Maria VISLOGUZOVA, Lawyer of the Firm.