1. The subject of the dispute is the claim of JSC “Kharkivgaz” against LLC “Gas Transmission System Operator of Ukraine” regarding the cancellation of correcting imbalance acts and recalculation of negative imbalance volumes for the period when the territories where the gas distribution stations are located were in the combat zone or under occupation.
2. The court of cassation agreed that the claim for cancellation of the defendant’s unilateral actions is a proper method of protection, as it is aimed at averting the threat of violation of the plaintiff’s rights. However, the courts of previous instances concluded that the plaintiff had not proved the fact of violation of its rights, since the correcting acts concerned only the calculation of the permissible deviation, and not the change in gas volumes, and the gas accounting was carried out in accordance with the legislation. In addition, the plaintiff appealed against corrections for periods when such corrections were not carried out. The court of cassation noted that the determination of imbalance according to natural gas metering devices is not provided for by any norm of either the Law of Ukraine “On the Natural Gas Market” or the Gas Transmission System Code.
3. The court dismissed the cassation appeal, and the decisions of the courts of previous instances remained unchanged.
: In this case, the Supreme Court departed from the previous legal position regarding methods of protection in disputes regarding the recalculation of imbalances, recognizing the claim for cancellation of the defendant’s unilateral actions as a proper method of protection.