Subject of Dispute: Recovery of Debt for Electricity Transmission Services from LLC “Kramatorskteploenergo” in Favor of PJSC “NEC “Ukrenergo”.
Main Arguments of the Court: The Supreme Court established that the previous courts incorrectly applied Article 254 of the Civil Code of Ukraine to contractual legal relations, as the parties independently determined the terms of performance of obligations in the contract. The courts of previous instances did not take into account the legal positions of the Supreme Court regarding the determination of terms of performance of obligations and prematurely refused to recover inflation losses and 3% per annum.
Court Decision: The Supreme Court satisfied the cassation appeal, canceled the decisions of the previous judicial instances in terms of refusal to recover 23,029.60 UAH, and referred the case for a new review to the court of first instance.
