The courts reminded: it is possible to charge penalties and fines together only for various violations of the state contract
The goods were not delivered on time. The customer accrued penalties for violation of deadlines and a fine for not fulfilling the contract. After that, he received a payment under the guarantee.
Later, the supplier fulfilled its obligations and demanded a refund of the fine amount. The customer illegally applied several types of liability for delay.
The court did not support him. The claim and the warranty claim were sent before the delivery of the goods. There is no double responsibility, since the fine was withheld not for delay, but for non-fulfillment of the contract.
The appeal decided otherwise and collected unjustified enrichment from the customer. It is possible to demand penalties and fines together only for different violations. The goods were delivered, so there was only a delay. It is impossible to charge a fine for this under Law No. 44-FZ and the contract.
The cassation supported the approach.
Similar conclusions were reached, in particular, by the ACE of the Central District.
Document:Resolution of the AC of the Ural District of 06/16/2022 in case N A76-2287/2021