CASSATION SUPPORTED THE FAS IN A DISPUTE WITH AN AIRFIELD IN BALASHIKHA THAT ILLEGALLY CHARGED FEES FROM DEVELOPERS

The airfield illegally received about 14 million roubles for more than 500 examination

Let us remind, earlier the FAS Russia received applications, including from the Ministry of Construction Complex of Moscow region, with information on administrative barriers in the process of approving the location of capital construction facilities in the airfield zones of the Moscow region.

During the proceedings it was established that in the actions of Moscow aviation repair plant DOSAAF JSC (Chernoe airfield, Balashikha, Moscow region) there were signs of  violation of the antimonopoly legislation  (article 10, paragraph 3.1, of the Law on Protection of Competition).

When issuing approval for building of capital construction facilities on the airfield territory, the airfield’s administration charged a fee for conducting an expert assessment of the impact of the object on the parameters of the airspace, which violated the current legislation.

Disadvantageous and unreasonable conditions were imposed on developers. In the period from 2017 to 2018, the airfield illegally received about 14 million rubles for more than 500 examinations, the fee for which is not provided for by the law. There are victim organizations as such as “Leader Development”, “PIK”, “Tsentrstroy”, “Granel”, “DSK” and other companies and individuals.

The FAS Russia issued a warning to the airfield’s administration, which was fully implemented. The airfield stopped charging fees and developed the Regulation on the Procedure for Coordination of Design and Reconstruction of Facilities at Airfield Territory. After complying with the Authority’s warning, the airfield appealed to the court, but the application was denied. The courts of the three instances upheld the position of the FAS Russia and refused to fully meet airfield’s claims.

For reference:

item 3 part 1. Article 10 of the Law on Protection of Competition prohibits: Actions (lack of action) of an economic entity occupying a dominant position, which result or can result in prevention, restriction or elimination of competition and (or) infringement of the interests of other persons are prohibited, including the following actions (lack of action):

imposing contractual terms upon a counteragent which are unprofitable for the latter or not connected with the subject of agreement (economically or technologically unjustified and (or) not provided for directly by the Federal Laws, statutory legal acts of the President of the Russian Federation, statutory legal acts of the Government of the Russian Federation, statutory legal acts of the authorized federal executive authorities or judicial acts, requirements for transferring financial assets, other property, including property rights, as well as consent to conclude a contract on conditions of including in it provisions, concerning the goods  in which the counteragent is not interested and other requirements).