Federal Arbitration Court of the Northwest District on March 16, 2010 reviewed the FSUE Rosmorport’s appeal against the ruling of the Thirteenth Arbitration Court of Appeal on 12.21.2009 that disaffirmed the decision of the Arbitration Court of St. Petersburg and Leningrad region over FGUP Rosmorport’s suit against Port of Vyborg Ltd.
The Appeal Court found the first instance court decision correct over the invalidity (nullity) a lease agreement, not coordinated with the Federal Property Agency, and responsibilities of Port of Vyborg Ltd. to return to FGUP Rosmorport the funds due for the use of federal assets.
Therefore, the Court of Appeal decision has been reversed, of the Arbitration Court of St. Petersburg and Leningrad region on 14.09.2009 for the release of the berths, the recovery of improperly enrichment and interest gain from the federal funds is left in effect.
Vyborg Port operates 13 berths (total length of 1.480 m) along the coastline of the Gulf of Vyborg. In 2007 the company was acquired by OMG Group.
The Appeal Court found the first instance court decision correct over the invalidity (nullity) a lease agreement, not coordinated with the Federal Property Agency, and responsibilities of Port of Vyborg Ltd. to return to FGUP Rosmorport the funds due for the use of federal assets.
Therefore, the Court of Appeal decision has been reversed, of the Arbitration Court of St. Petersburg and Leningrad region on 14.09.2009 for the release of the berths, the recovery of improperly enrichment and interest gain from the federal funds is left in effect.
Vyborg Port operates 13 berths (total length of 1.480 m) along the coastline of the Gulf of Vyborg. In 2007 the company was acquired by OMG Group.