Court upholds dismissal of $19.6 mln suit against radio frequencies commission
MOSCOW, November 14 - RAPSI, Alyona Yegorova. A commercial court of appeals has upheld the dismissal of a lawsuit against the State Radio Frequencies Commission and the Ministry of Communications to have the commission's inaction declared unlawful and recover $19.7 million in damages, the court told the Russian Legal Information Agency (RAPSI) on Monday.
Aistream and Delta-Line challenged the failure of the commission and the ministry to consider applications for allocating 2300-2400 MHz frequencies band to be used by BreezeMAX 2300, EFline 2300 and Nortel BTS 5020 mobile radio systems in some Russian cities. Each plaintiff also sought from the defendants 300 million rubles ($9.85 million) in damages.
The Moscow Commercial Court dismissed the lawsuit in full on August 17.
The judgment reads that the plaintiffs' rights were not infringed by the commission's failure. Moreover, the application deadline was violated. The court also considered that the companies have proven neither the amount of their losses nor the defendants' fault in inflicting them.
Osnova Telecom, the third party to the dispute, supported the defendants.