MOSCOW, December 27 - RAPSI, Sergei Feklyunin. A commercial appellate court will hear on January 24 a concert agency's appeal against the court order to pay the Russian Authors Society royalties for Elton John's concert organized by the agency, the court told the Russian Legal Information Agency (RAPSI/rapsinews.com) on Tuesday.

The Melnitsa concert agency wanted the court to declare its contract with the society non-concluded, since its subject was not specified: the contract lacked the list of songs for which the temporary license had been requested.

Elton John put on his concert in Crocus City Hall in December 2010. After the performance the agency found out that he only played his own songs, to which he holds the copyright. Meanwhile the contract was concluded just in case he plays another person's works.

The court has dismissed the agency's lawsuit indicating that "contract non-conclusion due to the absence of specific subject should have been discussed before the contract is implemented in full or in part because the absence of specific subject would have made it impossible to implement the contract."

If the contract is partially or fully implemented its subject cannot be deemed unspecified and the contract cannot be deemed non-concluded, the court ruled.