Here is the translation:
1. Subject of Dispute: Recovery of 7,236,000 UAH in damages from the state budget, allegedly caused by unlawful actions of the Kyiv Customs during cargo clearance.
2. Main Arguments of the Court:
– The plaintiff paid penalty sanctions to the carrier for vehicle downtime
– However, the court established that these sanctions had no legal grounds, because:
a) The parties to the contract acknowledged the absence of plaintiff’s fault in the downtime
b) Penalty can only be levied in the presence of fault
c) The payment cannot be considered damages, as it had no objective grounds
3. Court Decision: Deny recovery of 7,236,000 UAH from the state budget.
Note: The court essentially deviated from previous judicial practice of automatic recovery of damages from government authorities.
