1. The subject of the dispute is the compensation for damages related to the improper performance of the preliminary contract for the sale of an apartment.
2. The court of cassation established that the appellate court mistakenly overturned the decision of the court of first instance and transferred the case for consideration to the commercial court, since the bankruptcy proceedings against the defendant were initiated after the decision of the court of first instance was rendered. At the time the plaintiff applied to the court and at the time the court of first instance rendered its decision, bankruptcy proceedings had not been initiated, and therefore, there were no grounds for applying the provisions of the Code of Ukraine on Bankruptcy Procedures regarding the transfer of the case to the commercial court. The court of cassation referred to its previous practice, which stated that the jurisdiction of the dispute is determined at the time of the opening of proceedings in the case in the court of first instance, and the appellate court must verify the legality of the decision of the court of first instance within the circumstances that existed at the time the case was considered by that court.
3. The Supreme Court reversed the постанову (ruling/resolution) of the appellate court and remanded the case for a new trial to the court of appeal.
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