Subject of Dispute: Invalidation of an Additional Agreement to a Supply Contract for Crushed Stone and Sand Mixture and Recovery of Excess Budgetary Funds.
Main Arguments of the Court: The Supreme Court considers that the previous judicial instances did not properly investigate the circumstances of the case. Firstly, the expert opinion on price fluctuations has significant shortcomings – the calculation was made for delivery over 60 km, whereas the contract stipulates 15 km. Secondly, the supplier did not prove the impossibility of executing the contract at the original price and did not substantiate the reasons for the price increase. Thirdly, the courts did not verify whether price changes could have been anticipated during the tender proposal formation.
Court Decision: Annul the decisions of the previous judicial instances and refer the case for a new hearing to the Commercial Court of Vinnytsia Oblast for additional investigation of the case circumstances.
