Here is the translation:
Subject of Dispute: Recovery of debt under the agreement for electric energy transmission services, including 3% per annum for payment delay.
Key Court Arguments:
1. According to Article 625 of the Civil Code of Ukraine, a debtor who has delayed a monetary obligation is obliged to pay 3% per annum from the delayed amount.
2. The court confirmed the previous legal position of the Supreme Court that under certain conditions it is possible to reduce the amount of annual interest, guided by principles of fairness and proportionality.
3. In this case, the court did not find grounds for reducing 3% per annum, since they constitute only 2.01% of the principal debt and do not violate principles of reasonableness.
Court Decision: To leave unchanged the resolution of the appellate commercial court on collecting from JSC “Mykolaivoblenergo” in favor of “Ukrenergo” 3,786,156.14 UAH of 3% per annum.
