1. The subject of the dispute is the recovery of penalties and a fine for violation of the terms of the contract for the provision of electric power transmission services.
2. The court of cassation overturned the decisions of previous instances, which refused to recover penalties and a fine accrued before the introduction of martial law, referring to NERC Decree No. 332, which suspends the accrual of penalties for the period of martial law. The Supreme Court indicated that the courts of previous instances did not take into account the conclusions of the joint chamber of the Commercial Court of Cassation of the Supreme Court in case No. 908/948/23, which states that NERC Decree No. 332 does not have retroactive effect and cannot be applied to legal relations that arose before the introduction of martial law. The court also noted that since it does not have the opportunity to independently establish all the circumstances of the case and verify the calculations, the case must be returned to the court of first instance for a new trial. The court also rejected the motion to refer the case to the joint chamber for consideration, as it had already taken its conclusions into account in its decision.
3. The court overturned the decisions of previous instances in the part of the refusal to satisfy the claims for the recovery of penalties and a fine and sent the case for a new trial to the court of first instance.
: The court in the decision notes that it departs from the previous position, which was in other decisions of the Supreme Court.
