Tatyana Marshanova also mentioned paragraph 1 of Article 248 of the Arbitration Procedure Code of the Russian Federation, which speaks of the exclusive competence of arbitration courts in the Russian Federation in disputes involving persons in respect of whom restrictive measures have been introduced.
Judge Anna Mishchenko of germany telegram the Moscow Arbitration Court rejected the defense's motion to dismiss the claim and set the case for trial: it will take place on February 13, 2025. All that the defendants' lawyers could achieve was a nine-day extension of the deadline for providing the terms of use of YouTube and AdSense, as well as other documents and explanations: until January 23, instead of January 14, 2025, as proposed by the judge. The defense motivated the request for an extension of the deadline by the imminent departure of Europe and the United States for Christmas holidays.
In all directions
In parallel with the attempt to remove the consideration of the Radio 44 lawsuit from Russian jurisdiction, the defendants tried to remove the legal entities against which the St. Petersburg company filed the lawsuit from the judicial fire.
Representatives of the American company Google LLC were absent from the hearing (as well as from the postponed court round on October 3, 2024). Maxim Yuzhakov explained this by the fact that Google LLC did not receive documents from the Moscow Arbitration Court. "Right before the hearing, it turned out that the wrong email address was used," he said.
A lawyer for Google Ireland Ltd tried to shield the Irish company from the case on the grounds that Radio 44 had not provided evidence that Google Ireland Limited had any connection with Google's terms of use, which were presented in support of the claims. "Google Ireland Limited is not mentioned in these terms," said Maxim Yuzhakov.
The court accepted all the plaintiff's arguments.
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