The Company decided to participate in an electronic auction for the organization of passenger transportation. His application was rejected because it did not contain specific indicators of the product: the brand, the class of the car, information about the availability of an air conditioning system.
The supervisors considered the customer's refusal illegal. The courts supported this decision. The subject of the purchase was works. The transfer of any goods to the state customer is not provided for in the documentation. It is enough for the participant to give consent to perform the work.
Recall that the FAS takes a similar position.
Resolution of the Eighth Arbitration Court of Appeal of 14.09.2021 in the case N A81-3127/2021