The Supreme court of the Russian Federation: the conclusion about not entering into the register of unfair suppliers of the supplier under the Law N 223-FZ can be appealed in court

1 October 2018, Monday

The FAS office issued an opinion recommending not to include the supplier in the register of unfair suppliers. The Antimonopoly Agency did not take any more decisions on this issue.

The customer tried to appeal the conclusion. However, the courts of three instances did not consider the case on the merits: the conclusion of the territorial body of the FAS is not mandatory, but contains a recommendation for the head of the FAS Russia. It is he who decides whether to include the supplier in the register of unscrupulous suppliers or not.

The Supreme court sided with the employer. The conclusion has all the signs of a non-normative act, so it can be challenged. The case was returned to the court of first instance for consideration on the merits.

Document: Determination of the Supreme court of 17.09.2018 in the case N A40-151223/2017

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