In which case does the replacement of the country of origin of the goods specified in the contract not contradict Law No. 44-FZ?
The customer under the contract for the supply of spare parts for computing equipment concluded under the state defense order, referring to the inconsistency of the country of origin of the supplied hard drives with the terms of the contract, refused to accept the goods and decided to refuse to execute the contract. Not agreeing with the actions of the customer, the supplier appealed to the arbitration court with a claim to compel the institution to accept the goods and recover its value. Considering the case and satisfying the claim of the supplier, the judges considered the fact that the supplied hard drives were manufactured by a multinational corporation with production units in several countries, and therefore the country of manufacture of a particular disk model in this case did not affect either the characteristics or the quality of the goods, determining the decision. At the same time, they stressed that the goods were delivered within the terms stipulated by the contract, meet its requirements, and in some positions are improved in their technical characteristics. In addition, the contract was concluded with a single participant in the procurement without granting preferences or applying the national regime.
Agreeing with the arguments of the lower courts, the Supreme Court of the Russian Federation refused to transfer to the customer an application for challenging court decisions for consideration by the Judicial Board of the Supreme Court of the Russian Federation.