E-site withdrew an appeal against FAS

19-04-2017 | 13:12

The operator of the TenderStandard site claimed to invalidate FAS injunction on amending the regulations

“TenderStandard” Ltd. – the operator of an e-trading site withdrew its appeal against the judgment of Moscow Arbitration Court. The Court of First Instance pronounced legitimacy of FAS injunction to “TenderStandard” Ltd.

Investigating a complaint about the site operator’s action at tenders for selling a debtor’s property (“Kuban Sugar” Ltd.), the antimonopoly body found several unlawful provisions in the Regulations of the e-site.

For instance, the site accepted only those documents from potential bidders, where the e-signature was issued by particular certifying centers. The Regulations on bankruptcy tenders, devised by the site operator, contained an exhaustive list of such centers, including the Association of Electronic Trading Sites (AETS), “CryptoStandart” Certifying Centre and “Tenzor” Certifying Centre.

The current law* states that e-sites should accept documents with e-signature issued by any certified centre accredited in accord with the established procedure.

FAS issued an injunction to “TenderStandard” Ltd. to adjust the site regulation in line with the law. The operator disagreed with the decision on the antimonopoly body and filed a lawsuit. “TenderStandard” Ltd. lost the case at Court of first instance, and then withdraw its appeal lodged to Moscow Arbitration Court. Therefore, the e-site operator agreed with the FAS position.

Investigating another case against “TenderStandard” Ltd., the antimonopoly body again exposed the above discrepancy in the site Regulations.

* No. 495 Order of the Ministry of Economic Development “On approving the procedure for e-tenders to sell property or companies of debtors in the course of the procedures applied in bankruptcy cases, the requirements to operators of e-sites, to e-sites, including technological, software, linguistic, legal and organizational means necessary to organizes e-tenders to sell property or companies of debtors in the course of the procedures applied in bankruptcy cases, making changes to No. 178 Order of the Ministry of Economic Development of 5 April 2013 and invalidating some Orders of the Ministry of Economic Development” of 23.07.2015