Contractual penalty? It is necessary to assess the risks when signing the contract!
The essence of the claim: to invalidate the paragraph of the supply contract and the paragraph of the commercial agreement, the application of the consequences of invalidity of transactions.
Court’s decision: denied.
Rationale of the Court: the condition on the penalty set forth in the contested clauses of the contract and the agreement was determined at the free discretion of the parties, the debtor, being a commercial organization, in accordance with Art. 2 of the Civil Code performs business activities at its own risk, and therefore, must and could assume and evaluate the possibility of negative consequences of such activities, including those associated with non-performance or improper performance of the contractual obligations undertaken by it.
Постановление ?Тут (https://kad.arbitr.ru/Document/Pdf/4fdd9772-8e89-46cd-b113-696e2b94d921/7f924de4-7dc0-4479-90c3-1970a96d6395/A41-100410-2019_20220916_Reshenija_i_postanovlenija.pdf?isAddStamp=True)