Court refusal to evict Georgian consular department from Moscow mansion appealed
MOSCOW, November 23 - RAPSI, Natalia Belova. A court has registered a cassation appeal filed by a Moscow business center against the court's termination of its lawsuit to evict the Department for Georgian Interests in Russia, the court told the Russian Legal Information Agency (RAPSI) on Wednesday.
Ostozhenka sought to evict the department from the second floor of its 1,000 square meter mansion. The claimant explained that the mansion was rented by the Georgian Embassy until 2001. The building was later rented by the Georgian Locations History Center, which then purchased the mansion via an auction and then sold it to Ostozhenka Business Center in 2007.
The second floor is currently occupied by the Department for Georgian Interests in Russia, which has served as the country's consular agency since March 4, 2009 after the severing of diplomatic relations between Russia and Georgia following South Ossetian armed conflict in 2008.
The Moscow Commercial Court terminated the trial in the Ostozhenka Business Center's lawsuit on November 17, as the Department for Georgian Interests has immunity from legal processes and cannot be a defendant in the trial.
The Department for Georgian Interests in Russia performs consular functions and is protected by the Vienna conventions on consular and diplomatic relations.
Meanwhile, the claimant argued that the lawsuit is a civil case and Russian law must be applied. Ostozhenka maintained that the department must be evicted from the building since it has failed to pay rent and utility bills.