Here is the translation:
Brief Analysis of the Court Decision:
1. Subject of Dispute: Dispute regarding the legitimacy of charging a fee for electricity transmission during its export.
2. Main Arguments of the Court:
– The court noted that the disputed legal relations arose after amendments to the Transmission System Code, which provided for the mandatory payment of transmission tariff by exporters.
– Previous courts did not thoroughly investigate:
* the nature and content of the disputed legal relations
* contract conditions
* compliance of charges with legislative requirements
* legal grounds for funds reimbursement
3. Court Decision:
The Supreme Court cancelled previous court decisions and referred the case for a new hearing to thoroughly examine all circumstances.
Key Thesis: The court pointed to the need for a careful analysis of the legal grounds for charging transmission fees for electricity export.
