On September 27, 2012 the Ninth Arbitrazh Appellate Court granted the appeal filed by RUSENERGORESURS against the Judgment of the Moscow Arbitrazh Court dated July 5, 2012.
Pursuant to the judgment, the Court of Appeal overturned an earlier court decision and ruled that the order of the Russian Ministry of Energy granting approval to OAO FSK UES to lease unified national electricity grid facilities to local grid companies was invalid.
This represents the first case in which an electricity supplier succeeded in having an annual order issued by the Ministry overruled. Courts earlier dismissed similar claims on formal grounds as they found no breach of the claimants’ rights by the impugned non-statutory regulation.
The client was represented in court by Partner Sergey Kovalev, Senior Associate Vadim Tsvetkov and Associate Alexander Kornev.