APPEAL COURT SUPPORTED FAS DECISION IN A DISPUTE ON A CONCESSION AGREEMENT
On 26 September, Moscow Arbitration Court supported the FAS position aimed at developing competition at tenders and dismissed a claim of an Adygeya Ministry: following an order of the antimonopoly body, the Ministry must have abolished tender results, make changes to the tender documentation and announce a new deadline for accepting tender applications. The Ministry disagreed with FAS decision and filed a lawsuit.
On 10 December, Appeal Court supported the decision of the Federal Antimonopoly Service and the order on the complaint filed by the “Regional Information Centre” about actions of the Ministry of Construction, Transport, Housing-and-Utilities and Road Facilities of the Republic of Adygeya about a concession agreement on establishing and operating a system of photo- and video-registration of road rules, automated stations for vehicle weight and dimensions check.
Oleg Korneev, Head of FAS Department for Control of Construction and Natural Resources said: “FAS decision on the concession agreements in the public road system in Adygeya is supported by Arbitration Court and Arbitration Appeal Court”.
The FAS Commission established that the tender documentation specified only one way of executing the concession agreement – bank guarantees. It was contrary to the Law on concession agreements, which also provides for bank deposit and risk insurance. The organizer also did not have the right to fix the minimum concedent fee.