← All media

“The definition of the Supreme Court of 20.08.2021 N 305-ES21–10216 in the case N A40–328885/2019: the position on the condition ‘take and pay’ and its usefulness for practice” — Tatiana Tereshchenko for

At the end of the year, you can sum up the results, or you can pay attention to the Ruling of the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation dated 20.08.2021 N 305-ES21-10216 in the case N A40-328885/2019.

It is sufficiently discussed and rightly arouses interest (see, for example). Including in a critical way, when the universality of the conclusion is questioned that in the context of a contract for the provision of paid services, the "take or pay" condition is a fee for the cancellation of the contract (see, for example).

At the same time, it is interesting because it allows us to say that this is about the practice in terms of justifying a position (even if it is controversial) and I want to see more often. The individual conclusions that make up this position are interesting in general for the entire contractual practice.

Full text