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The resolution of the Arbitration Court of the Central District of March 24, 2017 left unchanged the decision of the Nineteenth Arbitration Appeal Court under case No. A08-3254/2016 on the satisfaction of IDGC of Centre’s claim for recovery from JSC "First Sales Company" for late performance of obligations for payment for services rendered for electricity transmission in January - February 2016, in the amount of 66,689 rubles 56 kopecks (accrued including on intermediate (advance) payments).
The courts came to the conclusion that the provisions of the Civil Code of the Russian Federation and legislation in the sphere of rendering services for electric energy transmission do not limit the right of executors to impose a penalty for violating the terms of intermediate payments. Having evaluated the terms of the agreement on the procedure for paying for the services rendered and on the calculation of the penalties in their aggregate, the courts concluded that the penalty is to be assessed for all types of payments provided for in Annex 1 to the contract, including planned (advance) payments.
Thus, the Ordinance of the Arbitration Court of the Central District of 24.03.2017 under case No. A08-3254/2016 will allow to form a positive judicial practice on similar disputes in the event of a penalty accrual for interim (advance) payments.