Data on the manufacturer's website - not a reason to reject the application
Do not reject the application if the information in it contradicts the data from the official website of the manufacturer. The conclusion follows from the Supreme court's ruling.
The customer rejected the application during the electronic auction under the Law № 44-FZ. Reason: information about the products offered by the participant did not meet the information from the official website of the manufacturer of the goods. The participant considered that the customer rejected the application illegally, and appealed to the regional office of FAS. The control body sided with the participant and issued an order to the customer to eliminate the violations.
The customer protested the decision in court. The arbitral Tribunal supported the position of the controller. Reason: the application contain indicators of production, which meet the requirements of the documentation. There is no reason not to allow the participant to purchase from the customer. The decision of the arbitration was upheld by the appellate and cassation instances.
It went to the Supreme court. The Supreme judicial body explained: the characteristics of the goods from the official websites of manufacturers at the time of the procedures may become outdated. The manufacturer may change the indicators and not notify potential buyers. The decision of the controller and lower courts remained in force.
Document: Supreme court ruling from 17.09.2018 No. 309-КГ18-14017