MOSCOW, April 18 - RAPSI. The Supreme Commercial Court's Presidium validated the antimonopoly service's decision that an assignment of lease for state-owned property is impossible without tender.
The Federal Antimonopoly Service requested the court to review the Moscow District Federal Commercial Court resolution of August 26, 2011. The watchdog found that the Moscow Property Department had violated the antimonopoly legislation for signing lease contracts. At that time the watchdogs decision was held to be invalid.
The Moscow Property Department signed a lease with Gazprovodstroy for an uninhabited building in Moscow. The department, Gazprovodstroy and the third party later signed an assignment of lease contract. But according to the law, this can be done only following an open bid for this right.
The antimonopoly service declared that the department and Gazprovodstroy had violated the law on competition.
The Supreme Commercial Court's ruling on submitting the case for reconsideration reads that Gazprovodstroy assigned the lease rights to a third party without a tender. This was therefore in violation of the law on competition.
Therefore, the ruling of the first instance court and the appellate court that the property department violated the antimonopoly legislation was proved correct.