OREANDA-NEWS. October 20, 2010. The Courts supported the position of the Nizhniy Novgorod Office of the Federal Antimonopoly Service (OFAS Russia), confirming legitimacy of the determination of the antimonopoly body on imposing administrative fines upon “TsPT –Spektr” Ltd., which refused to resume power exchange, reported the press-centre of FAS Russia.

On 23rd December 2008, the Commission of Nizhniy Novgorod OFAS Russia for investigating cases on violations of the Rules for Non-Discriminatory Access to Power Transmission found that “TsPT –Spektr” Ltd. violated Clause 6 of the Rules for Non-Discriminatory Access to Power Transmission and Rendering Such services, approved by a decree of the Government of the Russian Federation. The company prevented power exchange for facilities of “Nizh-Avto” Ltd., “TransKor” Ltd., and individual entrepreneurs Gagolkina and Salnikova.

The Commission of the antimonopoly body issued a determination to the company to resume power exchange to the power-receiving devices of petitioners (“Nizh-Avto” Ltd., “TransKor” Ltd., and individual entrepreneurs Gagolkina and Salnikova) by 10th February 2009.

“TsPT –Spektr” Ltd. filed a lawsuit challenging the decision and determination of Nizhniy Novgorod OFAS Russia. On 6th May 2009, Nizhniy Novgorod Regional Arbitration Court dismissed the claim of “TsPT –Spektr” Ltd. The Arbitration Court of the Appeal and Cassation Instances upheld the judgment.

The decision and determination of Nizhniy Novgorod OFAS Russia came into effect when the Arbitration Court of the Appeal Instance passed its ruling, but “TsPT –Spektr” Ltd. failed to execute them.

On 16th September 2009, “TsPT –Spektr” Ltd. was made administratively liable under Part 2.3 Article 19.5 of the Code of the Russian Federation on Administrative Violations and Nizhniy Novgorod OFAS Russia fined the company RUB 300,000.

On 3rd February 2010, Nizhniy Novgorod OFAS Russia set a new date for executing the determination by “TsPT –Spektr” Ltd. – 15th February 2010. The company also failed to execute it and OFAS again made it administratively liable under Part 2.3 Article 19.5 of the Code of the Russian Federation on Administrative Violations and imposed a new administrative fine - RUB 400,000.

Nizhniy Novgorod OFAS Russia also set another date for “TsPT –Spektr” Ltd. to execute the earlier issued determination, which again the company failed to execute.

On 22nd July 2010, taking into account that during an extended period of time the company had failed to undertake all possible measures to timely execute the legitimate determination of the antimonopoly body, “Centre – of Production technologies–Spektr” Ltd. was fined the third time for the sum of RUB 450,000.

On 13th August 2010, “TsPT –Spektr” Ltd. challenged this determination of the antimonopoly body at Nizhniy Novgorod Regional Arbitration Court, which pronounced legitimacy and reasonableness of the determination issued by Nizhniy Novgorod OFAS Russia.

On 5th August 2010, an authorized officer of Nizhniy Novgorod OFAS Russia issued an Administrative Violation Protocol regarding “TsPT –Spektr” Ltd. under Part 1 Article 20.25 of the Code of the Russian Federation on Administrative Violations (for failure to pay a RUB 300,000 administrative fine within the period provided for by of the Code of the Russian Federation on Administrative Violations). Government by of the Code of the Russian Federation on Administrative Violations, the Protocol was forwarded to a Justice of the Peace for consideration.

Based on the Protocol, the Justice of the Peace of Kanavinsky District, Nizhniy Novgorod, ruled to make “TsPT –Spektr” Ltd. administratively liable under Part 1 Article 20.25 of the Code of the Russian Federation on Administrative Violations and doubled the fine imposed upon the company, making it RUB 600,000.

Thus, as of 15th October 2010 the sum of fines imposed upon “TsPT –Spektr” Ltd. reached RUB 1,750,000.