1. The subject of the dispute is the securing of a claim before the filing of a statement of claim, in which JSC “Odesa Port Plant” requests to prohibit SE “Ukrinterenergo” and JSC “DTEK Odesa Electric Grids” from suspending or restricting the supply of electricity.
2. The Supreme Court overturned the decisions of previous instances, emphasizing that the courts did not substantiate the adequacy and proportionality of the measures taken to secure the claim with the stated requirements, in particular, their compliance and interconnection, as well as the ratio of the consequences of the measures taken with the rights and obligations of other persons. The court indicated that securing the claim by prohibiting the termination of electricity supply leads to interference in the economic activity of SE “Ukrinterenergo” and violates the balance of interests of the parties. In addition, the chosen method of protection is identical to satisfying future claims, which is inconsistent with the Commercial Procedure Code of Ukraine (CPC). The court also reminded that it is impossible to prohibit the parties from terminating contractual relations, as this is guaranteed by the Constitution and laws of Ukraine, referring to previous resolutions of the Supreme Court.
3. The court of cassation instance decided to cancel the decisions of previous courts and refuse to satisfy the application of JSC “Odesa Port Plant” to secure the claim.
