The law No. 44-FZ does not allow to recover the income that was not received due to the unilateral refusal of the contract
The parties have signed a contract for the provision of services. The company refused to fulfill it, because the customer did not fulfill his obligations. The court in another case recognized the refusal as legitimate.
The company filed a claim for recovery of lost profits. Due to the fault of the customer, it did not receive the profit it expected.
The first instance satisfied the requirements. The appeal and cassation did not agree with this decision:
the lost profit is calculated based on the profitability, which is indicated in the cost estimate for the contract. The profit would be paid to the company after the acceptance of the services by the customer. They are not provided until the termination of the contract. There are no grounds for payment;
the company has not proved that it made any preparations or actions to generate income;
according to the Law No. 44-FZ, it is possible to demand compensation only for the damage actually incurred due to the unilateral refusal of the contract. The right to claim compensation for losses as lost income is not provided for;
the customer's liability is limited to compensation for real damage, there are no grounds for recovery of lost profits.
The Supreme Court of the Russian Federation did not review the case.
Document:Definition of the Armed Forces of the Russian Federation from 15.06.2021 N 307-ES21-7771