Legal GR and Customs Practices have safeguarded the interests of a major supplier of medical equipment in a dispute with customs authorities

Owing to the joint efforts of Sergey Taut, Pepeliaev Group’s Legal GR expert, and lawyers from the firm’s Customs Practice, we provided key support in safeguarding the interests of a major supplier of medical equipment in a dispute with customs authorities.

The claims of the customs authorities against the company resulted from the supervisory authority's new interpretation of the rules of current customs regulation and of the legislation regarding the rules of certification of the medical equipment (sterilisers) that the company was importing. By its resolution the customs authority held that the equipment had been imported into Russia in violation of the existing certification procedure and, therefore, no customs benefits applied to it.

Considerable customs charges were assessed against the company and penalties were imposed on it for violating customs legislation. The company objected to the above in court since it promptly and under applicable rules obtained market authorisation in relation to the medical products (steam sterilisers) that were imported into and sold in Russia.

Pepeliaev Group’s lawyers devised the legal position within the scope of appeal proceedings in a state commercial court in order to challenge the unlawful actions and resolutions of the customs office. Further, they arranged for the Russian President’s Commissioner for Entrepreneurs’ Rights to participate in the lawsuit.

After several years of litigation, the state commercial court ruled in favour of the company. The court’s judgment was upheld by the courts of appeal and of cassation and has entered into legal force.

Hence, Pepeliaev Group’s experts assisted the company with winning the lawsuit and with asserting its rights in the dispute with the customs authorities.