Here is the detailed analysis of the court decision, prepared from a professional perspective:
1. The subject of the dispute is the recovery of inflation-related losses and 3% per annum from PJSC “NEC “Ukrenergo” in favor of LLC “Kyiv Regional Energy Supply Company,” accrued due to the delay in payment for services for ensuring an increase in the share of electricity production from alternative sources.
2. In rendering the decision, the Court was guided by the fact that the defendant allowed a delay in the performance of a monetary obligation, which is an unconditional ground for the application of liability under Article 625 of the Civil Code of Ukraine. The key point was that the Supreme Court in this case departed from previous practice, set forth in the resolution of the Grand Chamber dated March 18, 2020 (case No. 902/417/18), which allowed for the possibility of a court reducing the amount of 3% per annum and inflation-related losses. Instead, the Court applied a new legal position of the Grand Chamber dated July 2, 2025 (case No. 903/602/24). According to this new position, 3% per annum and inflation-related losses are a statutorily established method of protecting property rights, rather than penalty sanctions. Consequently, they are not subject to reduction by the court, as they represent a minimum guarantee for preserving the value of monetary funds. The Court emphasized that when resolving such disputes, it is necessary to be guided specifically by this latest conclusion, which ensures a balance of the parties’ interests.
3. The Supreme Court dismissed the cassation appeal of PJSC “NEC “Ukrenergo” and upheld the decisions of the lower courts regarding the recovery of funds.
