Do not rush to recognize the winner of the draft, if there is no document on the state contract
The winner of the auction transferred the money as security for the contract, but did not place the payment on the electronic platform. The Commission of the customer recognized the winner evaded from the conclusion of the contract, but the Antimonopoly authority did not agree with it.
The courts of first and appellate instance supported the customer, but the cassation sided with the participant. The court pointed out that in such a situation, the fact of receipt of funds to the account of the customer is important. Since the participant transferred the money, there is no reason to recognize him as evaded. The Supreme Court refused to review the case.
In such a situation, the customer should check whether the money came from the winner. If the obligation is fulfilled, it is safer to conclude a contract.
Document: Definition of the Supreme Russian Federation of 29.05.2009 N 310-ЭС19-6978