The cassation considered it superfluous to require documents on payment of the contract to assess the experience under Law No. 223-FL
According to the terms of the purchase, the participants had to provide, among other things, a document on the payment of the contract, which was declared to assess the experience. According to the customer, the requirement was established, in particular, to reduce the risks of improper fulfillment of obligations by the counterparty.
The controllers considered the condition superfluous. Three instances supported them:
- the controversial claim is biased, since an experienced participant without payment documents will not be able to compete with those who submitted them. There may be no payment documents for various reasons, for example, due to the fact that the payment was delayed;
- the customer accepted the confirmation agreement and signed the acceptance documents without comments. This proves that the obligations under it were fulfilled in good faith. The absence of payment documents does not mean the opposite.
In practice, you can find another approach.
Document: Resolution of the AC of the North-Western District dated 04/09/2024 in the case N A56-40214/2023.
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