DUSHANBE, November 1, Asia-Plus — Tajikistan’s national carrier TajikAir will not pay a fine of 160,000 somonis (more than US$47,000) imposed on it by the antimonopoly commission.
In a ruling handed down on October 25 the appeals board of Tajikistan’s Higher Economic Court has overturned injunction granted by the court of first instance originally sought by the country’s Antimonopoly Committee. The injunction had ordered that TajikAir should pay 160,000 somonis (more than US$47,000) in fines for ignoring ruling of the antimonopoly commission to lower air fares.
This ruling arises as part of an ongoing dispute between the air carrier and antimonopoly commission, the basis of which lies in TajikAir’s raising individual air fares
Jalol Isroilov, a judge at Higher Economic Court, said in interview with Asia-Plus that the appeal board had decided to overturn the injunction after studying additional materials provided for consideration by the air carrier. “Among the additional materials submitted for consideration is also an agreement between the Government of Tajikistan and the European Bank for Reconstruction and Development (EBRD), under which the Bank loans air carrier TajikAir US$5 million to introduce new air navigation system,” said Isroilov, “Under this agreement TajikAir may freely determine individual air fare without regulation by the antimonopoly agency.” The point is that appropriate changes, proceeding from this, were not made to the RT Law “On Natural Monopolies,” according to the judge.
Isroilov noted that Article 11 of Administrative Code and Article 7 of Civil Code say that if any law of Tajikistan is in contrary to the international agreement recognized by the government of Tajikistan, provisions of the international court are observed.
Besides, the government of Tajikistan passed a resolution on September 7 this year, canceling regulation by the antimonopoly commission of fares on international air routes determined by air carrier.
