1. The subject of the dispute is the recovery of a penalty from PrJSC “Kharkivenergozbut” in favor of JSC “Kharkivoblenergo” for improper fulfillment of obligations under the electric energy distribution services agreement.
2. The Supreme Court satisfied the cassation appeal of JSC “Kharkivoblenergo”, overturning the decisions of previous instances that refused to recover the penalty. The court of cassation instance indicated that the courts of previous instances mistakenly applied the resolution of the NEURC on the suspension of accrual and recovery of penalties for the period of martial law to obligations that arose before the introduction of martial law, since this resolution does not have retroactive effect. The court took into account that liability for violation of economic obligations arises as a result of the very fact of non-fulfillment of these obligations, and the NEURC resolution clearly defines the period of its validity – martial law and 30 days after its completion. Also, the Supreme Court took into account the legal position of the joint chamber of the Commercial Cassation Court as part of the Supreme Court in case No. 908/948/23, which supported the conclusions that the suspension of the accrual of penalties applies exclusively to the period of martial law and does not extend to penalties, the right to accrue which arose earlier.
3. The court decided to recover from PrJSC “Kharkivenergozbut” in favor of JSC “Kharkivoblenergo” UAH 1,966,422.94 of penalty and allocated court costs.
: The court states in the decision that it departs from the previous position that was in other decisions of the Supreme Court.
