The court understood for what violations in the description of goods of the participant it is possible to allow, and for what-no
In considering the first parts, the Commission rejected the participant's application for non-compliance with the documentation. The participant appealed the decision.
The administration of the FAS found the actions of the Commission unlawful. Disagreements between participants of purchase, the customer and control body brought business to the Supreme court. The judge refused to refer the case.
The court of appeal reviewed the technical standards, the customer's requirements and the participant's application and concluded that the participant's proposal only formally did not comply with the documentation for one indicator. According to the court, it was not necessary to reject the application on this basis.
However, for other controversial indicators, it was unclear whether the application corresponds to the documentation. The court drew attention to the provision of the instruction: the particulars in the application must not be open to double interpretation. Otherwise, the application should be rejected.
Document: Determination of the Supreme Court of 31.10.2018 in the case N A53-33682/2017