Subject of Dispute: Recovery of Monetary Funds for Electricity Produced at the “Green” Tariff, Which the State Enterprise “Guaranteed Buyer” Did Not Fully Pay to the Company “Ovid Wind”.
Main Arguments of the Court:
1. Order No. 140 and No. 206 do not limit the rights of the electricity producer to receive the full cost of electricity sold under the contract.
2. The parties determined the final settlement period from the moment of cost approval by the National Commission for State Regulation of Energy and Utilities (NKREKP).
3. The Respondent did not fulfill the contract conditions and did not make full payment for electricity, referring to special orders during wartime.
Court Decision: The Supreme Court partially satisfied the cassation appeal, canceled the appellate court’s resolution regarding the recovery of the principal debt, 3% per annum, and inflationary losses, and referred the case for a new review to the appellate commercial court for additional examination of circumstances.
