On April 01, 2025, the Arbitration Court of Khabarovsk Krai invalidated the decision of the FAS of Russia dated September 25, 2024 in case 24/44/99/П22 on the results of the unscheduled inspection of compliance with the legislation of the Russian Federation in the field of procurement of the medicinal product for medical use Dapagliflozin for the provision of preferential categories of citizens of Khabarovsk Krai.
Disagreeing with the court's decision, the person at whose request the FAS of Russia conducted the said unscheduled inspection and made a decision recognized as illegal, filed an appeal to the Sixth Arbitration Court of Appeal.
The team of «A.Zalesov & Partners» Patent & Law Firm represented in the courts of first and appellate instances the interests of the Third Party, who did not make independent claims regarding the subject of the dispute, the Winner of the auction.
Based on the results of the consideration of the appeal, on July 14, 2025, a ruling was issued by the appellate court - the decision of the Arbitration Court of Khabarovsk Krai dated 01.04.2025 in case No. A73-18878/2024 to leave unchanged, the appeal - without satisfaction.
Thus, the courts of first and appellate instances supported the arguments of the State Procurement Committee of the Government of Khabarovsk Krai and the Third Party - the Winner of the auction - that the procurement commission conducted a proper check of the accuracy of the information submitted in the application regarding the medicinal product proposed for delivery, guided by official sources of information, and also lawfully admitted the Winner's application to participate in the auction.
The client's interests in the case were represented by Managing Partner Aleksey Zalesov and Senior Associate Darya Kushnarenko.