Decision on the complaint of a limited company: liability "Krohn - Vector" 01 August 2005 Case No. F09-3202/05-C1, Yekaterinburg

The Company appealed to the Arbitration Court of the Chelyabinsk Region with an application to invalidate the letter of the head of the Border State Inspectorate for plant quarantine in the Chelyabinsk region (hereinafter referred to as the inspection). By the decision of the Court of First Instance of 26.01.2005 (Judge Khudyakova V.V.) the stated claims were refused. By the decision of the court of appeal of 07.04.2005 (judges Dmitrieva N.N., Mitichev O.P., Gusev O.G.) the decision was left unchanged.

In a complaint filed with the Federal Arbitration Court of the Ural District, the company asks to cancel these judicial acts, referring to the incorrect application of procedural law by the courts.

The legality of the appealed judicial acts was checked by the court of cassation in the manner provided for by Articles 274, 284, 286 of the Arbitration Procedure Code of the Russian Federation. As follows from the case materials, the head of the inspectorate by letter dated 08.07.2004 No. 147 warned the heads of enterprises of the region that store and process grain and products of its processing that it is necessary to conclude contracts for the decontamination of quarantine facilities only with the representative office of the Federal State Unitary Enterprise "Republican Fumigation Detachment". The Company considers that the assignment of powers to the said enterprise is illegal and violates its rights and interests in the field of entrepreneurial activity, since it has received a license for this type of work.