On February 10, 2025 the Arbitration Court of Moscow declared the decision of the Federal Antimonopoly Service dated September 25, 2024 on the results of an unscheduled inspection of compliance with the legislation of the Russian Federation on the contracting procurement to be unlawful.
Not agreeing with the court's decision, the party, at whose request FAS Russia conducted the above mentioned unscheduled inspection and issued the decision recognized as illegal, appealed to the Ninth Arbitration Court of Appeal.
The team of «A.Zalesov & Partners» Patent & Law Firm represented the interests of the third party, which did not assert independent claims regarding the subject matter of the dispute, the Winner of the auction, in the courts of the first and appellate instances.
As a result of consideration of the appeal on May 15, 2025, the operative part of the resolution of the Ninth Arbitration Appeal Court was announced - to leave the decision of the court of first instance without change, the appeal - without satisfaction.
Thus, the courts upheld the arguments of the Ministry of Property of Kursk region and the Winner of the auction that the procurement commission had lawfully allowed the Winner's bid to participate in the auction.
Aleksey Zalesov, Head of the Intellectual Property Practice, and Darya Kushnarenko, Senior Associate, represented the client in the case.