Services under the state contract ceased to be provided due to the rise in the cost of goods — the court found grounds for including information in the register of unscrupulous suppliers

17 November 2023, Friday

The parties signed a contract for cleaning the school premises. Later, the contractor said that he could no longer work on agreed terms, as consumables had become more expensive due to sanctions.

Since the services were no longer provided, the customer decided to unilaterally refuse. The controllers did not include the information in the register of unscrupulous suppliers. The cassation did not agree with them:

the rise in the cost of consumables is not a reason to stop providing services. The change in their prices is the counterparty's business risk;

the contractor explained that he had lost interest in fulfilling obligations at prices from the contract. The deal became unprofitable. However, the loss of interest cannot be considered a reason that prevents the execution of the contract;

the counterparty did not state that the continuation of the contract could negatively affect its activities. He did not prove unprofitability and lack of economic benefits.

The Supreme Court of the Russian Federation did not review the case.

 

Document: Ruling of the Supreme Court of the Russian Federation dated 07.11.2023 N 305-ES23-21020

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