Subject of Dispute: Challenging the Conclusion of the Eastern Office of the State Audit Service Regarding Violation of the Public Procurement Procedure for Vehicle Repair and Maintenance Services.
Main Arguments of the Court:
The Supreme Court considers that previous court decisions require review due to incomplete investigation of the case circumstances. Firstly, the courts did not establish whether the disputed contract terms regarding price changes were actually used. Secondly, the actual possibility of performing the maintenance contract in various regions of Ukraine was not verified. Thirdly, the proportionality of the proposed method of remedying violations was not assessed, especially considering the critical importance of vehicle repair services during martial law.
Court Decision: Annul previous court decisions and refer the case for a new hearing to the court of first instance for a comprehensive and thorough investigation of all case circumstances.
