As previously reported, on 24 May 2011 the Moscow Court of Arbitration rendered a verdict denying a claim by “AstraSoft Tehnologia” LLC, which contained a request to recognize illegal activities of ANO “Coordination Center for TLD RU” to determine the procedures of priority registration of second-level domain names in domain РФ.
Having disagreed with the verdict of the court of first instance, “AstraSoft Tehnologia” LLC has lodged an appeal with a request to reverse the court verdict due to contradiction between its conclusions and the facts in the case and misapplication of substantive law, as well as a request to take a new judicial act about discharging of stated claims. However, on 12 August 2011, the ninth Arbitration court of appeal, where to the petition of appeal was lodged, rendered a verdict to leave the decision of the Moscow Court of Arbitration of 24 May 2011 regarding this case unchanged and the petition for appeal dismissed.
In its petition for appeal “AstraSoft Tehnologia” LLC referenced, in particular, to the fact that Coordination Center applied different approaches to groups of users in possession of means of personalizing and created discriminatory conditions under which the applicant’s access to domain registration was restricted.
Coordination Center submitted to the court the reviews related to the petition for appeal, wherein it pointed out to inconsistency of the latter and requested to leave the court verdict unchanged and the petition for appeal dismissed.
Having examined validity and relevance of the verdict in compliance with Articles 266, 268 of the Code of Administrative Practice, considered evidence of the case and studied reasons for the petition for appeal, reviews, written comments, and listened to the parties’ representatives , the court of appeal has not found grounds to reverse or amend the appealed court verdict, noting that “the arguments of the petition for appeal do not contradict the court’s decision set forth in the findings and they may not constitute grounds for its reversal or amendment.”
