Federal Service for Veterinary and Phytosanitary Surveillance

(Rosselkhoznadzor)

Republican Fumigation Group

Federal State Enterprise

Decision of the Arbitration Court of Appeal of the Krasnodar Territory Case No. A-32-4404/2005-22/119 of July 27, 2005

The Arbitration Court of the Krasnodar Territory received an application from LLC "Fumotryad" in Novorossiysk to recognize as illegal the actions of the head of the border state inspectorate for plant quarantine in Novorossiysk, expressed in the publication and distribution of letter No. 317/2 of 16.12.2004, preventing LLC "Fumotryad" from fumiganizing export cargoes not infected with quarantine objects.

In accordance with Article 49 of the Agro-Industrial Complex of the Russian Federation, the applicant requested the court to supplement the initially stated requirements with the following:
  • to oblige the head of the border state inspectorate for plant quarantine in Novorossiysk, A.Y. Shevyakov, to eliminate the violations committed.
  • oblige the border state plant quarantine inspectorate for the city of Novorossiysk in the event of fumigation of these goods by LLC "Fumotryad" to fill in the phytosanitary certificate in full, in accordance with the International Plant Protection Convention (subparagraphs "a" and "b" of paragraph 2 of Article 5) and the International Standard "Requirements for phytosanitary certificates" (paragraphs 1.1 and 2.1.) (vol. 1 l.d. 143).
By the decision of the Arbitration Court of the Krasnodar Territory of 27 April 2005 the clarifications of the claimed claims were accepted by the court and the applicant's claims were satisfied in full (vol. 1 of L.D. 150-151).

The defendant did not agree with the decision of the court of first instance, which was the reason for his appeal to the arbitration court with an appeal (vol. 2 l.d.z-b).