Courts: it is impossible to recognize the participant evaded before the expiration of the state contract
The winner of the auction sent the customer a Bank guarantee for the wrong amount and the signed draft contract. Upon discovering the error, the organization sent a letter to the employer stating that it was ready to provide the proper enforcement of the contract. However the winner already recognized evaded from the conclusion of the contract. FAS included it in the register of unfair suppliers.
The organization appealed to the court.
The courts found that the contract could be signed until December 23, 2017 — the day has expired 10 days from the date of publication of the Protocol of summarizing the results. And evaded the winner admitted 21 Dec. The courts decided the customer could not withdraw from the contract due to the fact that not represented the provision of the contract, until the expiration of the period within which it was possible to conclude a contract. The courts also recalled that the participant should not be included in the register of unfair suppliers if he had the intention to conclude a contract and he took measures to conclude it.
The Supreme court refused to review the case.
Document: Determination of the Supreme Russian Federation of 18.04.2009 in the case N A75-1934/2018