Decision of the Arbitration Court of Cassation of Krasnodar Case No. A53-17004/2004-C5-5 27.04.2005

Fumigrain LLC (hereinafter referred to as the company) appealed to the court with an application to recognize as illegal the actions of the Federal State Unitary Enterprise "State Plant Quarantine Inspectorate of the Russian Federation for the Rostov Region" (hereinafter referred to as the inspection) preventing the company from fumigation of grain exported from Russia that is not infected with quarantine organisms (specified requirements).

By the decision of the court of 07.12.04 (Judge Grishko S.V.), the application is satisfied with the reference to the fact that the publication of the border state inspection for plant quarantine in the Rostov region of the act of state quarantine phytosanitary control dated 22.06.04 No. 61-26-104 prescribing LLC "Alfa-Eco-Don" mandatory fumigation to obtain a phytosanitary certificate is based on the law and violates the rights and legitimate interests of society, since it interferes with the implementation of it entrepreneurial activities to perform work on the decontamination of exported quarantine facilities.

By the decision of the appellate instance of 14.03.05, the decision of the court on 07.12.2004 was canceled. The society's application was denied. The judicial act is motivated by the fact that the actions of the plant quarantine inspectorate, appealed to the arbitration court, comply with the requirements of the Federal Law of July 15, 2000 No. 99-FZ "On Plant Quarantine" (hereinafter - Law No. 99-FZ) and do not violate the rights and legitimate interests of Fumigrain LLC.