The applicant of the complaint to the Federal Antimonopoly Service did not participate in public procurement — the courts did not collect payment for the services of a representative
The inspectors complained that the object of purchase was described for a specific manufacturer. A violation was found in the actions of the customer and ordered to eliminate it. The applicant decided to recover damages in the form of payment for the services of a representative in the antimonopoly authority.
The court granted the claim. The connection between the customer's violations and the applicant's losses was proved. The fact of the latter's participation in the purchase had no legal significance for the recovery of losses.
The appeal and cassation decided otherwise. The applicant did not participate in both the initial and repeated purchase, when the customer had already eliminated the violations. His rights could not be restricted or violated.
A similar position was recently supported by the 8th AAS.
Document: Resolution of the Moscow District AC of 09/15/2022 on the case N A40-150101/2021