Courts: the goods were delivered late — the penalties are calculated at the rate of the Central Bank of the Russian Federation on the day of execution of the state contract
The supplier was required to pay penalties for late fulfillment of obligations. He partially repaid them, because when calculating, he applied the key rate on the delivery date, and not the one that was valid on the day of payment of the penalty. The customer appealed to the court.
Three instances supported the supplier:
if the contract was executed with delay, the penalty is calculated at the rate of the Central Bank of the Russian Federation on the day of termination of the obligation. This happened when the goods were delivered. The supplier's calculation is correct;
as a general rule, courts may use the key rate on the date of the decision in the calculations when collecting penalties. The approach is used only if the counterparty has not fulfilled its part of the transaction.
The conclusions are based, among other things, on the position of the Supreme Court of the Russian Federation. Recently, it has been applied, in particular, by the Arbitration Courts of the North-Western and Moscow districts.
Document: Resolution of the Arbitration Court of the Volga-Vyatka district of 20.03.2023 in case N A39-4976/2022