The courts rejected the supplier's reference to the price increase due to sanctions and did not terminate the state contract
In January, the parties signed a contract for the supply of paper. In March, the supplier offered to terminate the deal under the agreement — it became unprofitable due to the rise in the cost of materials. The customer refused.
The courts did not terminate the contract:
the financial crisis and the unfavorable economic situation cannot be attributed to a significant change in circumstances. The supplier had to predict the risks of material appreciation. The disadvantage of the transaction in this case has no legal significance;
the deadline for the contract has not come. The supplier has not proved that it cannot be executed. The lack of raw materials, as well as force majeure were not confirmed.
It should be noted that recently the 12th AAC also did not see a significant change in circumstances in the increase in prices due to sanctions. The court noted: the parties had to predict the economic situation and could not exclude the possibility of price increases.
Document: Resolution of the 3rd AAC of 29.08.2022 in case N A33-9477/2022