Subject of Dispute: Recognition of Supplementary Agreement No. 5 dated 03.06.2024 to the Individual Natural Gas Purchase and Sale Contract.
Main Arguments of the Court:
The Supreme Court considers that the bank’s prohibition to make payments under bank guarantees is not directly related to the subject of the claim, violates the rights of the bank and the beneficiary, creates unjustified obstacles for fulfilling obligations, and is not proportionate to the stated requirements. The bank’s performance of the guarantee does not affect the plaintiff’s rights, as the plaintiff is not a party to the guarantee transaction.
Court Decision: To cancel the rulings of previous instances and deny the application for securing the claim.
