DECISION OF INTERSTATE COUNCIL OF EURASIAN ECONOMIC COMMUNITY

of December 9, 2010 No. 534

About the Agreement on appeal to the court of EurAsEC of business entities on disputes within the Customs union and features of legal proceedings on them

Interstate Council of Eurasian economic community (at the level of heads of states) solved:

1. Accept the Agreement on appeal to the court of EurAsEC of business entities on disputes within the Customs union and features of legal proceedings on them it (is applied).

2. To provide to state members of EurAsEC till May 1, 2011 accomplishment of the interstate procedures necessary for entry into force of the Agreement specified in Item 1 of this Decision.

3. To state members of EurAsEC till May 1, 2011 to complete ratification of the Statute of Court of Eurasian economic community of July 5, 2010.

4. To the governments of the Parties and Integration Committee of EurAsEC to approve the draft of the Protocol on introduction of amendments to the Statute of Court of Eurasian economic community of July 5, 2010 and to provide its signing routinely.

Members of Interstate Council of EurAsEC:

The agreement on appeal to the court of Eurasian economic community of business entities on disputes within the Customs union and features of legal proceedings on them (Moscow, on December 9, 2010)

The state members of Eurasian economic community which are hereinafter referred to as by the Parties

being guided by the conventional principles and rules of international law,

based on the Constitutive treaty of Eurasian economic community of October 10, 2000 and the Agreement on the Commission of custom union of October 6, 2007,

for the purpose of ensuring uniform application with state members of the Customs union of the international treaties signed within the Customs union

according to Item 3 of article 14 of the Statute of Court of Eurasian economic community of July 5, 2010,

agreed as follows:

Article 1.

For the purposes of this Agreement the following concepts are used:

"business entity" - the legal entity registered according to the legislation of state member of the Customs union or the third state or the physical person registered as the entrepreneur according to the legislation of state member of the Customs union or the third state;

"legal costs" - the sums of money which are subject to payment to experts, witnesses and translators, expenses on fee of the lawyers and other persons representing the interests of business entity in Court of Eurasian economic community and other expenses incurred by party litigants in connection with its consideration in Court of Eurasian economic community;

"acts of the Commission of the Customs union" - the decisions of the Commission of the Customs union having binding character and affecting the rights and legitimate interests of business entities in the field of business and other economic activity.

Article 2.

1. The court of Eurasian economic community (further - Court) considers cases on statements of business entities (daleezayavleniye):

1) about contest of acts of the Commission of the Customs union or their separate provisions;

2) about contest of actions (failure to act) of the Commission of the Customs union.

2. The basis for contest of acts of the Commission of the Customs union or their separate provisions or actions (failure to act) of the Commission of the Customs union is their discrepancy to the international treaties signed within the Customs union, the entailed violation of the rights granted by these international treaties and legitimate interests of business entities in the field of business and other economic activity.

3. The court does not accept to consideration of the application if there is become effective judgment on earlier considered case on the same subject and on the same bases.

Article 3.

1. The supreme body of judicial authority of state member of the Customs union has the right to take a legal action with request about pronouncement of the conclusion concerning application of the international treaties signed within the Customs union, and acts of the Commission of the Customs union affecting the rights and legitimate interests of business entities if these questions significantly influence permission of case on being.

2. By consideration of dispute in the supreme body of judicial authority of state member of the Customs union the business entity participating in the case having the right to address this body with the petition for sending an inquiry for pronouncement of the conclusion in Court if believes that its rights and legitimate interests provided by the international treaties signed within the Customs union and acts of the Commission of the Customs union are broken.

3. If the question of the address with request is declared pronouncement of the conclusion in the case which is under consideration of the supreme body of judicial authority of state member of the Customs union on the decision according to which legislation of state member of the Customs union is not subject to appeal this body shall take a legal action provided that questions on which pronouncement of the conclusion is requested significantly influence permission of case on being and the Court did not take out before the conclusions on similar requests.

Article 4.

1. The statement is taken cognizance by Court only after the preliminary appeal of business entity to the Commission of the Customs union.

If the Commission of the Customs union within 2 months did not take measures for the arrived address, the business entity has the right to take a legal action.

2. Filing of application in Court is not the basis for suspension of operation of acts of the Commission of the Customs union.

Article 5.

1. In the statement taken To court shall be specified:

1) the surname, name, middle name of physical person this about its registration as the entrepreneur or the name of the legal entity and data on its registration as that;

2) the residence of physical person or the location of the legal entity, including official country name, the postal address (the address for correspondence), and also phone number, the fax, the e-mail address (if that is available);

3) the name, number, acceptance date, source of publication of the disputed act of the Commission of the Customs union and (or) the description of action (failure to act) of the Commission of the Customs union;

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