The ruling of the Ninth Arbitration Court of Appeals and the ruling of the Arbitration Court of Moscow City were left in force by the Federal Arbitration Court of Moscow Circuit, under which the claim by the Territorial Administration of the Rosimushestvo

The Territorial Administration of the Rosimushestvo of Moscow City filed to the Arbitration court a claim against “ABB Automatization” LLC on collection of unjust enrichment and eviction of the respondent out of the occupied premises.

The disputed premises were granted to the respondent in lease under the lease agreement with the Federal State Unitary Enterprise “All-Russian Electro-Technical Institute named after V.I. Lenin“, which had been agreed with the Federal Agency of Science and Innovations (Rosnauka).

Interests of the “ABB Automatization” LLC in all three judicial instances were represented by advocates of the Law Firm “YUST”, who succeeded to achieve the full rejection of the claim filed by the Territorial Administration of the Rosimushestvo of Moscow City.

When rejecting the claim, the Arbitration Court of Moscow City pointed at the facts that the Territorial Administration of the Rosimushestvo did not have the right to file the stated claim, that the agreement of the federal real property lease agreed with the Rosnauka had been valid, and as a consequence that there were no grounds for eviction of the respondent out of the disputed premises, and that there was no case of unjust enrichment on the part of the respondent since the lease payments had been paid in time and in full amount.

Having viewed the claimant’s appeal, the Ninth Arbitration Court of Appeals left this ruling in force.

The Federal Arbitration Court of Moscow Circuit confirmed by its ruling dated 21.10.2008 the legitimacy of the conclusions made by the arbitration courts of the first and second instances.