RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

(extraction)

of November 26, 2004 No. 10-0404/2622

Adoption by economic court of the decision on the rights and obligations of persons who are not recruited in case is the basis to its cancellation

The claimant - GAZhK "Uzbekistan Temir Yullar" (further GAZhK) appealed to economic court with the claim to the defendant - to the State Committee of the Republic of Uzbekistan on demonopolization and development of the competition about recognition invalid decisions and instructions of N3 of March 3, 2004.

Claims are satisfied by the decision of economic court.

In appellate instance case was not considered.

Without having agreed with the judgment, the defendant appealed to the Supreme Economic Court with the writ of appeal in which arguments that the shipping schedule of products is constituted by the claimant without changes in execution of pre-shipment documentation are stated and without approval of the consignor, "Almalyk MMC" (further AGMK) shipment conditions thereby are imposed to gruzootpravitelyuotkryty joint-stock company that is violation of requirements of Art. 16 of the Law of the Republic of Uzbekistan "About natural monopolies" which prohibits to the claimant to impose conditions of access to goods of subjects of natural monopolies or to make other actions leading to discrimination of consumers of goods of subjects of natural monopolies or receipt of the income due to collection from consumers of the payment which is not considered in stated prices (rates). In case of decision by Trial Court defendant's cases that it is necessary to analyze all process of receipt of pre-shipment documentation were not considered. The court allows procedural violation and attraction to case in quality of the third party of AGMK according to which statement the decision was made by antimonopoly authority is not provided. In the claim the defendant makes demands about judgment cancellation.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers necessary the claim to satisfy partially, to cancel the judgment, having sent case for new trial in Trial Court on the following bases.

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