It is necessary to specify restrictions on the admission of foreign goods, even if the purchase is not only delivery
The customer placed an application for an open auction to provide citizens with hearing AIDS and the provision of medical services for auditory prosthetics. The company appealed to the Antimonopoly authority with a complaint. The documentation was to contain restrictions on the admission of certain types of medical devices.
Neither the Antimonopoly authority nor the courts of three instances shared the company's position. In their opinion, the restrictions apply only to the supply of medical devices, and not to the provision of services (auditory prosthetics). Since the contract was for both supply and services (mixed), there is no need to specify restrictions.
The Supreme court of the Russian Federation supported the company, canceled the acts of lower courts and declared the decision of the Antimonopoly authority invalid. The court came to the conclusion that if it is planned to purchase products together with services, it is necessary to specify restrictions on the admission of foreign goods.
Document: Definition of the Supreme court of 13.03.2019 N 309-KG 18-16754