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The case is won
24.02.2016
The Law Firm “YUST” was able to protect the interests of NPP Respirator OJSC in the Court of Arbitration of the Moscow District.
NPP Respirator OJSC received a lawsuit in April of 2015 to compel to enter into аn agreement according to the results of a tender held under the Federal Law No. 223-FZ “On purchases of goods, works, services by certain types of legal entities”.
NPP Respirator OJSC organized the tender in connection with its planned involvement with the Federal Purpose Program “Development of the defense industry of the Russian Federation in 2011-2020”. However, when the tender was already held, it was decided to exclude NPP Respirator OJSC fr om the Program.
The claimant demanded that the court oblige NPP Respirator OJSC to enter into the disputed agreement based on the provisions of the Civil Code of Russia. Specialists of the Law Firm “YUST”, who represented the interests of NPP Respirator OJSC, insisted that NPP Respirator OJSC had no obligation to execute said agreement.
The Court of Arbitration of the Moscow Region upheld the claim; however Tenth Arbitration Court of Appeal repealed the judgment.
The Court of Arbitration of the Moscow District considered the cassation claim on the case on February 26 of 2016.
Dmitry Seregin, Adviser of the Law Firm “YUST”, explained to the court that, when determining the procedure of execution of an agreement, one needs to follow, first and foremost, the Federal Law No. 223-FZ “On purchases of goods, works, services by certain types of legal entities”, the Provision on purchases of NPP Respirator OJSC and the tender documentation.
Said documents establish the procedure and the time limit for entering into the agreement, and said time lim it expired in January of 2015, before the Claimant sent the duly made acceptance of the agreement.
The Court of Arbitration of the Moscow District saw no reason to change the judgment of the second instance court.
The Law Firm “YUST” was able to protect the interests of NPP Respirator OJSC in the Court of Arbitration of the Moscow District. NPP Respirator OJSC received a lawsuit in April of 2015 to compel to enter into аn agreement according to the results of a tender held under the Federal Law No. 223-FZ “On purchases of goods, works, services by certain types of legal entities”.
NPP Respirator OJSC organized the tender in connection with its planned involvement with the Federal Purpose Program “Development of the defense industry of the Russian Federation in 2011-2020”. However, when the tender was already held, it was decided to exclude NPP Respirator OJSC fr om the Program.
The claimant demanded that the court oblige NPP Respirator OJSC to enter into the disputed agreement based on the provisions of the Civil Code of Russia. Specialists of the Law Firm “YUST”, who represented the interests of NPP Respirator OJSC, insisted that NPP Respirator OJSC had no obligation to execute said agreement.
The Court of Arbitration of the Moscow Region upheld the claim; however Tenth Arbitration Court of Appeal repealed the judgment.
The Court of Arbitration of the Moscow District considered the cassation claim on the case on February 26 of 2016.
Dmitry Seregin, Adviser of the Law Firm “YUST”, explained to the court that, when determining the procedure of execution of an agreement, one needs to follow, first and foremost, the Federal Law No. 223-FZ “On purchases of goods, works, services by certain types of legal entities”, the Provision on purchases of NPP Respirator OJSC and the tender documentation.
Said documents establish the procedure and the time limit for entering into the agreement, and said time lim it expired in January of 2015, before the Claimant sent the duly made acceptance of the agreement.
The Court of Arbitration of the Moscow District saw no reason to change the judgment of the second instance court.
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