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Judgment of the Presidium of the Supreme Commercial Court of 25 October 2011 № 9382/11 in the case The Company "Garant-Stroi" vs The Building Committee of the Government of Saint-Petersburg

Point of law: whether a unilateral dissolution of public procurement contract by the customer (public authority) is permissible.

Alternative views: 1) such dissolution is impossible because it is prohibited by special laws on public procurement; or 2) it is possible because it is permitted by the general rules of the Civil Code which govern the independent work contracts.

Ratio decidendi: the second view is legally correct – the rules of the Civil Code should have priority.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.

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All court decisions in the case

 

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