Having heard and considered the report of Judge Neshatayeva T.N., as well as the explanations of the representatives of the participants in this case, the Presidium established the following.

Company HiPP GmbH & Co. Export KG (hereinafter – the Company) and limited liability company SIVMA Baby Foods (hereinafter – OOO SIVMABaby Foods, or OOO), in order to continue the long-standing relationship between the Company and OOO (distributor) based on a contract for exclusive distribution in Russia (excluding Kaliningrad), concluded a new exclusive distribution agreement on 6 July 2005 (hereinafter – the Agreement), whereby the Company undertook to sell and deliver to OOO the ordered baby foods, and whereby the Company undertook to timely pay and resell them.

Besides this common Agreement, the parties systematically entered into supply agreements. Thus, the Company (the seller) and OOO (the buyer) entered into contract No. 01/2001 of 1 July 2001 for the supply of baby foods (hereinafter – the Supply Contract). Later, the Company, OOO SIVMA Baby Foods and closed joint-stock company SIVMA (hereinafter – ZAO SIVMA) entered into a three-party guarantee of 6 November 2006 (which replaced the guarantee of 18 April 2002; hereinafter – the Guarantee), whereby, in paragraphs 1.1, 2.1 and 2.2, ZAO SIVMA agreed, as a guarantor, to be jointly liable with OOO towards the Company for full or partial breach by OOO of its obligations towards the Company under the terms of the Supply Contract.