
The ninth Arbitration Court of Appeal confirmed the legality of the actions of the Prefecture of the CAO of Moscow and the city department of land resources when allocating the company "Intaco" of the land plot for the construction of a residential building for filmmakers in the 1st Samoka Lane in Moscow, RAPSI reports.
The Court of Appeal rejected the complaint of the Office of the Federal Antimonopoly Service (OFAS) in Moscow and upheld the decision of the Arbitration of Moscow, which in November 2010 canceled the UFAS decision on the presence in the actions of the prefecture and the Department of Violations of Antimonopoly Law.
During the check of the appeal of the residents of the neighboring house, the OFAS in Moscow established that the prefecture of the Central Administrative District and the Department of Land resources violated the provisions of Part 1 of Article 15 of the Federal Law "On Protection of Competition", transferring the company to the company, located at the address: 1st gravity lane, ownership of 17B, and concluding a lease without trading.
The OFAS issued on July 1, 2010 the Prefecture of the Central Administrative District and the Department of Land resources a order to eliminate the violation of the antimonopoly legislation of the Russian Federation.
The prefecture and the department appealed the acts of the antimonopoly department in court, and the metropolitan arbitration on November 10, 2010 recognized them illegal.
The court, in particular, established that the order to allocate the site to the customer ZhSK "Ki-7" was signed by the prefect of the Central Administrative District on May 18, 2007, and trading was not carried out. At the same time, in accordance with Russian legislation, the provision of plots from state property without trading was possible only until March 1, 2007.
However, the court of first instance also noted that the UFAS decision on the illegality of the order of the Prefect of the Central Administrative District was issued on June 17, 2010 - outside the three -year period for consideration of cases of violation of antimonopoly legislation.
The developer of this facility is the ZhSK of the Union of Cinematographers of Russia under the leadership of Nikita Mikhalkov, and the construction is carried out by one of the subsidiaries of Inteko. It is planned to put the building into operation in 2011.