Calculation of a penalty doesn't join the period after date of loss of interest of the customer in the contract

Such conclusion follows from Definition of the Supreme Court of the Russian Federation of 09.12.2014 in the matter of N 305-ES14-3435, A40-116560/2012.

The parties signed the state contracts on construction and transfer of apartments to the customer. The contractor broke terms of their transfer. The customer appealed to court with the requirement to collect a penalty and to terminate contracts.

The Supreme Court of the Russian Federation noted that in the considered situation penalty in a size declared by the customer is abuse of the right.

So, in case papers there is the customer's claim from which follows that after violation of terms of transfer of apartments he didn't intend to accept them and suggested the contractor to terminate contracts in connection with essential violation of their conditions by the last.

The court drew a conclusion that the customer lost interest in the main obligation for acceptance of apartments. At the same time the claim contains the requirement to collect the penalty declared as a way of providing obligations under the signed contracts.