Subject of Dispute: Recovery of Debt under Agreements for Software Complex Use and Provision of Related Services between LLC “Naftogaz Digital Technologies” and JSC “Ukrgazvydobuvannya” for the year 2021.
Main Court Arguments: The Supreme Court established that the agreements could not be automatically extended for 2021 due to the entry into force of the new Law “On Public Procurement”, which requires a separate procurement procedure. The Court noted that the parties did not agree on the essential terms of the agreement for 2021, including the price limit and number of users, and did not conduct the public procurement procedure prescribed by law.
Court Decision: The Supreme Court reversed the decisions of previous instances and denied the claim of LLC “Naftogaz Digital Technologies” for recovery of debt from JSC “Ukrgazvydobuvannya”.
