Here is the translation:
1. Subject of Dispute: Recovery of 2,072,205 UAH for unjustly received funds under thermal energy supply agreements due to incorrect tariff application.
2. Key Court Arguments:
The Supreme Court indicated that courts of previous instances incorrectly qualified legal relations. If parties have concluded a contract, but one party has paid more than provided for by the terms, recovery of funds is possible under Article 1212 of the Civil Code of Ukraine regarding unjust enrichment. Courts must thoroughly investigate the circumstances of unfair thermal energy tariff calculations.
3. Court Decision: Annul previous court decisions and refer the case for new consideration to the commercial court for comprehensive and full investigation of the case circumstances.
