The client of our bureau has assumed obligations under a state contract with an educational institution, but was unable to fulfill these obligations on time. In this regard, the educational institution terminated the contract and applied to the Administration of the Federal Antimonopoly Service of St. Petersburg with a demand to include the contractor in the register of unscrupulous suppliers. The antimonopoly authority satisfied this requirement.
To protect the interests of the client, we applied to the Arbitration Court of St. Petersburg and the Leningrad Region, pointing to the formalistic approach of the Administration of the Federal Antimonopoly Service – the contractor was recognized as unscrupulous solely on the basis of violating the deadlines, without investigating the reasons for this violation. We believed that such formalism violates the constitutional principle of proportionality of the applied restrictive measures, since the antimonopoly authority did not investigate at all how justified and reasonable the restriction of our client’s rights is in this situation.
Having considered our application filed in the interests of the client, the arbitration court decided to satisfy it and recognized the disputed decision of the Administration of the Federal Antimonopoly Service of St. Petersburg as invalid.
The antimonopoly authority did not further appeal this decision.
