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Commercial Litigation Weekly Calendar (January 30 - February 3)

10:00 30/01/2012

January 30

INSURANCE REGULATION

Innogarant vs Federal Service for Financial Markets

Moscow Commercial Court

An insurer challenges the regulatory authority's order to withdraw its license.

Innogarant, the claimant, is the insurer of the Capital Tour travel agency, which was established in July 2003 as the first universal travel agency.

Capital Tour announced suspension of its tourist operations on November 16, 2010. In mid-December, Innogarant announced that it would compensate the agency's clients.

The Federal Insurance Supervision Service stated in February 2011 that the service had received complaints that Innogarant defaulted in compensation payment. The insurer's license was then restricted and revoked by Federal Service for Financial Markets.
Innogarant has been operating since 2000. Its charter capital is 1.65 billion rubles ($53 million).

COMPETITION LAW

Ru-Center vs Federal Antimonopoly Service

Ninth Commercial Court of Appeals

The antimonopoly watchdog decided that Ru-Center violated a domain registration law while registering domains in .rf (.рф) zone and fined it $7.8 million.

Ru-Center filed a lawsuit and in November 2011 the antimonopoly service's resolution was revoked. The watchdog now appeals the ruling.

Ru-Center is one of the largest Russian registrars, which serves two million domain names.

January 31

REAL PROPERTY RIGHTS

Moscow Property Department vs Square of Kiev (Kievskaya Ploshchad) company

Moscow Commercial Court

Moscow authorities insist that the company has no ownership rights to 125,900 square meters in the European Trade Center, one of the largest trade centers in Russia.
The case was earlier postponed under an appeal filed by the parties, as they are holding negotiations to reach an amicable agreement.

A number of business media outlets reported in July that the department wants to increase its stake in the center, since the Moscow government secured only nine percent of the building.

February 1

PROPRIETARY RIGHTS

Moscow business center vs Department for Georgian Interests in Russia

Moscow Commercial Court

Ostozhenka Moscow business center seeks to recover a $806,451 debt from the Department for Georgian Interests in Russia, claiming that it failed to pay rent and utility bills.

The claimant earlier maintained that the department must be evicted from the building it occupies.

The Department for Georgian Interests in Russia performs consular functions.

CONTRACTUAL OBLIGATIONS

Glavmosstroy vs Moscow government

Moscow Commercial Court

Glavmosstroy, a construction company owned by Russian oligarch Oleg Deripaska, seeks $11.1 million from the Moscow government. The company also claims investment contracts on the construction of an elite housing in Moscow termination.

The Moscow government entered into an investment contract with Glavmosstroy and Inteco in August 2004 on the renovation of seven residential quarters in Moscow.

The project stalled after the Moscow authorities defaulted in their obligations, according to the company's representative.

Founded in 1954, Glavmosstroy is a general contractor engaged in civil engineering. It is a part of Glavstroy, a diversified holding company headed by Deripaska's Basic Element.

February 2

TAX LAW

IKEA vs Federal Tax Service

Moscow Commercial Court

IKEA MOS, which manages a number of stores in Russia, seeks to invalidate Federal Tax Service claims worth $15.6 million.

IKEA is the world's largest retail network of shops selling furniture and household items. It operates 11 IKEA shops and 13 Mega trade centers in Russia. The first IKEA store opened in Russia in 2000.

CONTRACTUAL OBLIGATIONS

Domodedovo vs Vnukovo

Moscow Commercial Court

Domodedovo Airport Commercial Agency seeks to recover 453,26 million rubles ($14.61 million) from Vnukovo Airport.

The dispute stems from the 2008 bankruptcy of AiRUnion, which comprised KrasAir, Domodedovo Airlines, Samara, Omskavia and Sibaviatrans. The Domodedovo airport served as AiRUnion's hub. However, the airport refused to provide ground services to the alliance in August 2008, in view of its spiraling debt.

Air regulators decided to transfer AiRUnion to Vnukovo in order for the alliance to fulfill its remaining scheduled flights. Vnukovo Airport acted as guarantor of AiRUnion's debt to the Domodedovo Airport Commercial Agency, guaranteeing repayment of AirUnion's debt from August 12, 2008 until the alliance's relocation to Vnukovo was to be completed on September 7, 2008.

February 3

PRIVATIZATION

State Property Management Agency vs Seltekhstroy

Moscow Commercial Court

The State Property Management Agency seeks to recover $9.8 million from Seltekhstroy for frustrating an auction for the sale of a major seaport in Russia's Far East. The government presently holds a 55-percent stake in Vanino seaport. Rusal, a leading aluminum producer, has a 20-percent stake.

An auction for the sale of a 73-percent stake in the Vanino seaport was held on May 19. The auction winner made a $3.07 million (93.4 million ruble) down payment, but later failed to pay the whole sum of . The auction was consequently cancelled and Seltekhstroy was deprived of its prepayment. The State Property Management Agency later decided to sue the failed auction winner.

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