Courts: it is impossible to collect security for the application of a participant who made the same mistakes at the same time
The customer placed notifications about several contests in the EIS. The organization submitted applications to participate in each of them.
In one day, the Commission reviewed the second parts of the applications for participation in 6 purchases and in each case rejected the organization's application due to the fact that false information was provided. The operator of the electronic platform blocked the provision of requests for two purchases and transferred money to the customer's account. The participant went to court.
The courts considered that the security of applications was collected illegally. There was no consistency in the actions of the bidder — a condition necessary to retain collateral. In addition, the Commission rejected the application solely on a formal basis.
In their decision, the courts referred to the position of the Supreme court: the simultaneous filing of several applications with identical violations should be perceived as a single violation. In this case, there is no sign of regularity, so you can not hold the security of the application.
Note: despite the position of the Supreme court, in practice there is a different approach to the issue of collecting security for an application. For example, in another case, the courts considered that the identity of the violations did not matter, and recognized the legal retention of the security of the application in favor of the customer.
Document:Resolution of the AC of the Central district of 16.10.2020 on the case N A84-3831/2019