The Moscow Appellate Court upheld the recovery of a 4.6 billion ruble penalty under a 2014 state contract from the satellite manufacturer "Reshetnev" based on a claim by the Ministry of Defense, reports the "Pravo" portal.
The company was developing a space system consisting of a ground control complex and spacecraft. The contractor failed to complete the project work on time, thereby violating the terms of the contract. The client charged the defendant 4.6 billion rubles in penalties.
Reshetnev noted that they could not complete the work due to the fault of a third party and petitioned for the application of Article 333 of the Civil Code due to the disproportionality of the accrued penalty.
The court of first instance rejected its arguments and fully satisfied the claim. According to the court, the company did not provide reasonable evidence that the accrued amount was disproportionate. The defendant, upon заключении договора ознакомился с его условиями, в том числе с размером возможной неустойки.
"Reshetnev" manufactures satellites for national projects, such as the federal program "Sphere," which includes the "Gonets" (communication) and "Skif" (internet access) groups.
At the beginning of the year, JSC "Reshetnev" received an order for the production of only five devices.
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