In its Resolution of 14 September 2004, the Presidium of the Higher Arbitration Court of the Russian Federation refused to satisfy the claim filed by OJSC “Rosno” concerning the exaction of the sum of 20 390 248 rubles of unjust enrichment acquired by OJ

OJSC “SNP “Nova” filed a claim against OJSC “Rosno” with the Arbitration Court of the Samara Region calling for restitution of an insurance sum and interest for the use of another party’s financial means by the insurance company.

In its Decision of 19-21.02.2002, the Arbitration Court of the Samara Region refused to accept the claim filed by OJSC “SNP “Nova” for consideration; in its Resolution of 15.05.2002, the appeals instance of the Arbitration Court upheld the Decision of 19-21.02.2002.

The Resolution of 19.07.2002 of the Federal Arbitration Court of the Povolzhsky District (FAC of the Povolzhsky District) revoked the Decision of 19-21.023.2002 and the Resolution of 15.05. 2002, and the claim filed by OJSC “SNP “Nova” was satisfied: OJSC “Rosno” was ordered to pay a sum of 39 230 825 rubles insurance restitution and 5 386 784 rubles 58 kopecks interest for use of another party’s financial means.

The protest lodged by OJSC “Rosno” against the Resolution of the FAC of the Povolzhsky District was rejected by the Letter of the 26.09.2002 of the Deputy Chairman of the Higher Arbitration Court of the Russian Federation.

Having exhausted the possibilities of gaining the legally valid Resolution of the FAC of the Povolzhsky District of 19.07.2002, OJSC “Rosno” filed an independent claim with the Arbitration Court of the Samara Region, demanding the exaction of 20 390 248 rubles from OJSC “SNP “Nova” out of the overall sum of 44 617 608,58 exacted earlier from OJSC “Rosno” pursuant to the Resolution of the FAC of the Povolzhsky District of 19.07.2002.

The claims of OJSC “Rosno” were based on the circumstance that the insurance agreement between the Claimant and the Respondent were a transaction of a partial property insurance nature (art. 949 of the Civil Code of the Russian Federation), in accordance with which the insurer is obliged to compensate the policy-holder (OJSC “Nova”) only part of the losses suffered in proportion with the insurance sum against the insurance value (which, according to the calculations of OJSC “Rosno” comprised 0,543) in view of which the amount of the insurance payout and interest for the use of another party’s financial means , in the opinion of OJSC “Rosno”, should be proportionately decreased, and comprise not 44 617 609 rubles (as was determined by the FAC of the Povolzhsky District in its Resolution of 19.07.2002) but 24 227 361 rubles.

On the basis of this, OJSC “Rosno” concluded that the 20 390 248 rubles exacted from the insurer pursuant to the Resolution of the FAC of the Povolzhsky District of 19.07.2002 is the sum of the unjust enrichment of OJSC “SNP “Nova” (art. 1102 CC RF).

The Resolution of the Arbitration Court of the Samara Region of 21.07.2003 satisfied the claims of OJSC “Rosno”: unjust enrichment to the amount of 20390 248 rubles was exacted from OJSC “SNP “Nova”; the Resolution of the appeals instance of 27.10.2003 revoked the decision of 21.07.2003, and procedure on the case was stopped on the basis of p. 2 part1 art. 1 of the APC RF.

In its Resolution of 12.02.2004, the FAC of the Povolzhsky District revoked the Resolution of the appeals instance of 27.10.2003, and reinstated the Decision of 21.07.2003.

The attorneys of the law firm “YUST”, acting on the instructions of OJSC “SNP “Nova”, filed a statement with the Higher Arbitration Court of the Russian Federation calling for a review of the Decision of the Arbitration Court of the Samara Region of 21.07.2003 and the Resolution of the FAC of the Povolzhsky District of 12.02.2004 in supervisory order , insofar as the indicated court acts are a substantial violation of the rights and legal interests of OJSC “SNP “Nova” in the sphere of entrepreneurial activity, similarity of interpretation and application of the norms of substantive law regarding unjust enrichment and the norms of procedural law concerning the binding nature of the rulings of the arbitration court and the public interest.

Pursuant to the Determination of 30.06.2004, the matter was referred for review to the Presidium of the Higher Arbitration Court of the Russian Federation in the order of supervision of the decision of 21.07.2003, the Resolution of the appeals instance of 27.10.2003 and the Resolution of the FAC of the Pvolozhsky District of 12.02.2004.

Moreover, the Determination of 11.08.2004 granted the motion drawn up by the attorneys of the law firm “YUST” and the execution of the decision of the Arbitration Court of the Samara Region of 21.07.2003 was suspended by the Higher Arbitration Court of the Russian Federation until the completion of supervisory procedure.

The Resolution of the Presidium of the Higher Arbitration Court of the Russian Federation of 14 September 2004 revoked the Decision of the court of the first instance of 21.07.2003, the Resolution of the court of the appeals instance of 27.10.2003 and the Resolution of the FAC of the Povolzhsky District of 12.02.2004, and rejected the demands of OJSC “Rosno” for the exaction of 20 390 248 rubles unjustified enrichment from OJSC “SNP “Nova”.