1. The subject of the dispute is the recovery from NEC “Ukrenergo” in favor of LLC “Kirovograd OEK” of debt for rendered services on ensuring the increase of the share of electricity production from alternative sources, as well as the accrual of 3% per annum and inflationary losses for delay in the performance of a monetary obligation.
2. The court proceeded from the fact that the provision of services and the existence of the debt were confirmed by proper evidence, and the defendant’s arguments regarding the lack of fault due to a difficult financial condition or the specifics of tariff financing do not exempt it from performing its obligations. The Supreme Court emphasized that delay in a monetary obligation is, in essence, “use of other people’s funds,” which gives the creditor the right to accrue 3% per annum and inflationary losses. The Court noted that it is departing from its previous position (specifying it), emphasizing that the statutorily established rate of 3% per annum is the minimum and is not subject to reduction by the court, even if a petition is filed by the debtor. It was also indicated that economic activity is carried out at one’s own risk, and the lack of funds in the tariff is not force majeure or grounds for exemption from liability. The Court also noted that the defendant did not prove the existence of circumstances that would allow for a reduction in the amount of sanctions and did not provide relevant evidence.
3. The Supreme Court dismissed the cassation appeal of NEC “Ukrenergo” and upheld the decisions of the lower courts without changes.
