The supplier was not notified about the examination — the courts recognized the unilateral refusal of the state customer as illegal
The parties agreed on the supply of milk to a number of institutions of the customer. The examination found that 2 of them received goods that did not comply with the contract. The supplier did not change it because he was not informed about the examination. The customer refused the contract.
Three instances recognized the customer's decision as illegal:
the supplier was not notified of the examination, which means they violated the procedure under Law No. 44-FZ. In this case, the expert's opinion cannot be considered as proper evidence.;
the whole batch of milk was produced in one day and at one factory. It had quality certificates and the result of research. The goods could not differ for the worse depending on the place of delivery.
In practice, there is an example when the supplier was also not informed about the examination, but the conclusion was recognized as proper evidence. The court decided: by itself, the fact that any of the parties to the contract were not notified of the examination does not entail the recognition of its results as invalid.
Document: Resolution of the AC of the Volga District of 09.09.2022 in case N A12-28537/2021