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Commercial Litigation Weekly Calendar (March 19 - 23)

09:48 19/03/2012

Monday, March 19

CIVIL LAW

Finance Ministry vs. Murmansk Trawler Fleet

Moscow District Federal Commercial Court

The Finance Ministry seeks to recover over $440.5 million from the Murmansk Trawler Fleet fishing company in unjust enrichment for operating six ships purchased for the fleet at the federal budget's expense.

The company's obligation to repay the sum was documented in a promissory note that was later declared invalid.

The due amount was determined on the basis of the fish caught over the ship's nine years of operation.

DEVELOPMENT

Development company vs Finance Ministry

Moscow Commercial Court

Sredniye Torgovye Ryady (The Middle Shopping Mall) company seeks to fully recover the expenses for the renovation project on Moscow's Red Square.

The renovation project was designed in 2000. However, the building, which was subject to renovation, was granted to the Federal Protective Service in 2010. The previous owner of the building considered the contract to be terminated as it was no longer able to fulfill the project.

The development company initially claimed 3.6 billion rubles ($114.9 million) in damages.

Tuesday, March 20

DEBT RECOVERY

MiG-Finance vs Tupolev aircraft manufacturer

Ninth Commercial Court of Appeals

Tupolev aircraft manufacturer has filed an appeal against the judgment to award MiG-Finance, a subsidiary of MiG Aircraft Corporation, $6.39 million.

MiG-Finance sought debt recovery under the loan agreement. The plaintiff claimed 272.2 million rubles ($8.7 million). The lawsuit was partially satisfied in December 2011, but the court of appeals overruled the decision. The claim would be reexamined.

MiG Aircraft Corporation is an aircraft industry leader and the Defense Ministry's primary contractor. The company manufactures fighters and interceptors, multi-purpose combat aircraft and light planes for the Russian armed forces and for export.

CONTRACTUAL OBLIGATIONS

Sodexim vs Finance Ministry

Moscow Commercial Court

Sodexim company claims it suffered losses as a result of the Russian-Algerian debt settlement and seeks $56.5 million from the Finance Ministry. Earlier the court held in favor of Sodexim, which is determined to collect the "remaining sum".

Former Deputy Finance Minister Sergei Storchak managed the debt repayment to Sodexim. In November 2007, he was charged with organizing a group that sought to embezzle federal budget funds under the pretense of compensating Sodexim for its losses. Investigators dropped the charges against him in February 2011.

Wednesday, March 21

SECURITY

Domodedovo Airport Aviation Security et al. vs transport watchdog

Tenth Commercial Court of Appeals

A terrorist bomb went off in Domodedovo airport in January 2011 killing 37 people and injuring over 100. Serious breaches to the airport security system were revealed in the aftermath. The transport watchdog (Rostransnadzor) obliged the airport to enhance security. Domodedovo was ordered to inspect all people entering the airport, assess the vulnerability level of the airport facilities and transport means as well as to develop a transport security plan.

The court later reversed the watchdogs order upon request filed by several Domodedovo companies.

Rostransnadzor appealed against the decision revoking its order.

Thursday, March 22

TAX LAW

Auchan subsidiary vs Federal Tax Service

The Moscow District Federal Commercial Court

The Atac retail chain was fined 102.8 million rubles ($3.5 million) for alleged tax offenses. The Moscow Commercial Court, however, set the tax service's decision aside, which was later appealed.

Atac comprises the Atac and Simply Market supermarket chains and is an Auchan subsidiary.

LAND LAW

Estate museum vs Defense ministry

Moscow Region Commercial Court

The Arkhangelskoye Estate Museum seeks to annul the results of the land auction held by the Defense Ministry.

The plaintiff believes the ministry was not entitled to auction the land as most of the territory falls within the museum's preservation zone.

The estate is a historical palace and park established in the late 18th century near Moscow. Renowned art collector Prince Nikolay Yusupov bought Arkhangelskoye in 1810.

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