Cassation Court: “Mosenergosbyt” unilaterally terminating a contract was unlawful

Court confirmed the rightness of FAS conclusions

The Arbitration Court of the Moscow District pronounced legitimacy of the decision issued by the antimonopoly body with regard to “Mosenergosbyt” PJSC.

FAS investigated a case following a complaint of the “Federal Research Testing Machine-Building Centre” OJSC. The complaint was filed upon “Mosenergosbyt” PJSC sending a letter on unilaterally terminating a power supply contract due to repeated indebtedness for consumed electric power. “Mosenergosbyt” unlawfully included a capacity fee and a payment for normative electric power losses in the costs of electric power transmission services, over the tariffs.

The FAS Commission concluded that actions of “Mosenergosbyt” PJSC breached the Federal Law “On Protection of Competition”.

The Antimonopoly Service established that “Mosenergosbyt” PJSC unilaterally terminated the power supply contract with the “Federal Research Testing Machine-Building Centre” OJSC that was the electric power consumer, which is unacceptable in accord with the current law.

The FAS Commission also found that the company violated the established pricing procedure due to including additional scope of services in the bills, which is contrary to normative legal acts.

The company disagreed with the decision on the antimonopoly body and appealed it. Courts of three Instances refused the claim, indicating the correctness of FAS conclusions.