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The Supreme Court of the Russian Federation confirmed that it is unacceptable to avoid issuing technical conditions for connecting to a gas pipeline

09-03-2017 | 08:41

The Supreme Court of the Russian Federation dismissed transferring a cassation appeal of “Gazprom Gazoraspredelenie Voronezh” to be reviewed by the Judicial Board on Economic Disputes  

Earlier, based on a petition of “VoronezhTekhnoGazService” Ltd., OFAS opened a case against “Gazprom Gazoraspredelenie Voronezh” OJSC under Part 1 Article 10 of the Federal Law “On Protection of Competition”. Namely: due to construction of gas networks in Ramonsky District, the Voronezh region (Aidarovo village) in 2015 “VoronezhTekhnoGazService” Ltd. repeatedly applied to “Gazprom Gazoraspredelenie Voronezh” OJSC to issue technical conditions for connecting the designed gas consumption networks to the existing gas pipeline owned by the gas monopolist. Thegasdistributor, however, refusedtoissuetechnicalconditionsreferringtothe application of “VoronezhTekhnoGazService” Ltd. Not complying with the Rules for defining and providing technical conditions for connection a capital construction facility to the utility systems approved by No. 83 Decree of the Government of the Russian Federation of13.02.2006 (No.83 Rules). 

At the same time OFAS established that under the current law “Gazprom Gazoraspredelenie Voronezh” OJSC was obligated to issue the relevant technical conditions. It meant that the company unreasonably avoided issuing technical conditions to “VoronezhTekhnoGazService” Ltd. for connecting the designed gas-distribution network to the existing gas-distribution gas pipeline. Such actions infringed the interests of the claimant. OFAS found abusing dominance and violating Part 1 Article 10 of the Federal Law “On Protection of Competition”. At the same time the company was issued two injunctions to stop and prevent violations of the antimonopoly law.

The company tried to appeal the decision and injunction of Voronezh OFAS at Courts of three Instances but to no avail.

On 27 February 2017 the Supreme Court of the Russian Federation drew a line in the case and dismissed to transfer the cassation appeal of “Gazprom Gazoraspredelenie Voronezh” OJSC for reconsideration.

 



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