NMHC named after N.I. Pirogova could not recover 112 million rubles from Shvabe for the delay in the supply of a mobile hospital

In mid-June 2023, it became known that National Medical and Surgical Center (NMCC) named after N.I. Pirogova he could not sue the penalty of 112.4 million rubles. at JSC "" Schwabe for non-delivered medical products for mobile hospitals.

Contract worth 1.165 billion rubles. to equip the N.I. Pirogov National Medical Center, which will become the basis for the Federal Center for Disaster Medicine of Russia, was concluded with a certain government as the only supplier at the end of December 2020. The contract provided for the supply of pre-fabricated hospitals, medical clothing and specialized vehicles. Deliveries were to be carried out between 2021 and 2022, deviations in the contract from the delivery schedule ranged from 115 to 344 days.

NMHC named after N.I. Pirogova could not recover 112 million rubles from Shvabe for the delay in the supply of a mobile hospital

N.I. Pirogov National Medical Center charged Shvabe a fine of 15 million rubles, the medical center also filed a claim for a total of 97 million rubles. The claim was calculated on the basis of an advance payment of 1 billion rubles, which was transferred after the signing of the contract, and the funds were used by Schwabe without meeting the deadlines. However, Shvab refused to pay the transferred funds, so N.I. Pirogova appealed to the Moscow Arbitration Court, and the total amount of the claim amounted to 112 million rubles.

In June 2023, the Moscow Arbitration Court ruled that an advance of 1 billion rubles. was not considered a loan on which interest can be charged, and that the penalty should be written off by the state customer as a measure of business support. Based on this, the Moscow Arbitration Court rejected the claim of the N.I. Pirogov to the Schwabe company to recover 97 million rubles. as a fee for the use of funds. N.I. Pirogov NMHC was supposed to be guided by the instructions for supporting companies and write off a penalty in the amount of 15 million rubles, because it did not exceed 5% of the total amount of the contract, according to the decision of the Moscow Arbitration Court.