Courts: government customers have the right to demand a registration certificate for medical furniture
The customer purchased medical furniture. The draft contract obligated the supplier to submit, among other things, a copy of the registration certificate. The participant considered the demand illegal and complained to the Office of the Federal Antimonopoly Service.
Controllers and courts found no violations:
- according to the Law on Health Protection, medical devices are any instruments, devices, devices, equipment, materials and other products for medical purposes. They are subject to state registration. At the same time, medical furniture is included in the classification of medical devices of the Ministry of Health;
- products are classified as medical devices if they have a medical purpose. The furniture is planned to be used for medical purposes, which means that it must have a registration certificate. The customer's request is correct. It did not violate the rights of participants and did not restrict competition.
Similar conclusions were reached, in particular, by the Perm and Chuvash Departments of the Federal Antimonopoly Service.
Document: Resolution of the Arbitration Court of the East Siberian District dated December 7, 2022 in case N A10-801 / 2022