MOSCOW, September 12 - RAPSI, Alyona Yegorova. The Federal Communications Agency will appeal a lower court denial of its $53 million claim against the operator of the "6 out of 49" lottery in court on October 5, a court official told the Russian Legal Information Agency (RAPSI).

The Federal Communication Agency entered into a public contract with OTK on February 8, 2009 for it to hold the state lottery. Under the contract, OTK was to make payments to the federal government from the lottery proceeds.

OTK failed to pay the contracted amount, so the Agency sued. However, the Moscow Commercial Court held against the Agency on June 7.

OTK argued that both parties agreed to terminate the contract, the lottery was never held, and therefore it owed no money to the government.

The Agency, meanwhile, argued that the lottery operator obligated itself to pay the government regardless of whether the lottery was held.

The court established that OTK was supposed to prepare the lottery system by September 15, 2008 and hold the lottery no later than October 31. Additionally, it was supposed to submit the lottery trademark for approval and create a website. It failed to fulfill any of its obligations.