Supreme Court of the Russian Federation: according to Law No. 223-FZ, it is impossible to reject an application if the product does not meet the manufacturer's website data

23 May 2022, Monday

The participant's application was rejected. The customer decided that there was false information in it, since the characteristics of the product did not match the information on the manufacturer's website.
The controllers considered this a violation. The courts of three instances agreed with them:
the parameters of the goods corresponded to the product passports, but the customer did not request them. The unreliability of the information in the application was not proved;
the information on the manufacturer's website is not tied to a specific batch of goods. It does not reflect the characteristics required by the customer;
in the purchase documentation there are no requirements for compliance of the product with the manufacturer's website data.
The Russian Armed Forces did not review the case.
A similar position is taken, in particular, by the Moscow UFAS. In practice, there is also an example when the courts did not support the customer, because he did not prove that the manufacturer's website contains up-to-date information about the product and has the official status.
Document:Definition of the Armed Forces of the Russian Federation from 04.05.2022 N 301-ES22-5007

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