On 7th October 2008, the Moscow Arbitration Court dismissed the claim of the Committee for Economic Development, Industrial Policy and Commerce and confirmed validity of the decision and determination issued by the Federal Antimonopoly Service.
Earlier FAS Russia recognized that the Committee for Economic Development, Industrial Policy and Commerce violated the Federal Law «On State and Municipal Procurement of Goods, Works and Services» and ordered to eliminate the violations.
FAS Russia received a complaint from «INZHTRANSSTROI CORPORATION» Ltd. The Petitioner stated that the Committee for Economic Development, Industrial Policy and Commerce unlawfully failed its pre-qualification for the competitive tender for design and reconstruction of the runway in «Pulkovo» airport.
Later the Petitioner withdrew the compliant but FAS Russia organized an unscheduled inspection, which revealed the following:
1) The bidders must have specified their mailing address, which could differ from the bidder's location. Different mailing address and the bidder's location could not justify refusal to pre-qualify the bidder.
2) According to the tender documentation, the bidders were required to present calculations of the design and construction-and-assembly works, which contravened Part 4 Article 25 of the Law.
Having investigated the case, FAS Russia issued a determination to the Committee to stop the violations.
The Committee filed a suit, claiming that FAS Russia's decisions and determination are illegitimate since «INZHTRANSSTROI CORPORATION» Ltd. withdrew its complaint.
The Court found the claimant's arguments ungrounded as FAS Russia based its decision and determination on the outcome of the unscheduled inspection.
