Having heard and considered the report of Judge Makovskaya A.A., as well as the explanations of the representatives of the participants in the case, the Presidium has established the following.

According to the arbitral award of the International Arbitral Center of the Austrian Federal Economic Chamber of 4 September 2007, rendered in Case No. SCH-4985, OAO Saratov Confectionery Plant (hereinafter – the Company) was ordered to pay EUR 65,430 within 14 days to Hebenstreit-Rapido GmbH (hereinafter – the Firm), as well as annual interest of 8% incurred from 15 May 2006 to the date of payment. The claim of the Firm for the amount of EUR 125,585.86 did not succeed. The arbitral tribunal ordered the Firm to pay within 14 days the expenses relating to the arbitration in the amount of EUR 12,200.23.

The Firm filed an application with the Arbitrazh Court of the Saratov Region for recognition and enforcement of the abovementioned foreign arbitral award.

By the ruling of 18 August 2008, the Arbitrazh Court of the Saratov Region refused to grant the application.

By the ruling of 20 October 2008, the Federal Arbitrazh Court for the Povolzhsky District returned the Firm’s cassation complaint.

By the ruling of 15 December 2008, the Federal Arbitrazh Court for the Povolzhsky District upheld the ruling of 20 October 2008.

In its application before the Highest Arbitrazh Court of the Russian Federation for the supervisory review of the abovementioned judicial acts, the Firm requests their cancellation, invoking the violation of the uniformity in interpretation and application by the arbitrazh courts of the rules of law, rights and legitimate interests under the universal principles and rules of international law, as well as under the international treaties of the Russian Federation.

In its answer to the application, the Company considers that the judicial acts are in conformity with the applicable law and demands their upholding.