The following is a detailed analysis of the court decision in case No. 922/3736/24:
1. The subject of the dispute is the recovery of funds overpaid to an electric energy producer under the “feed-in tariff” due to the absence of actual electricity supply to the Unified Energy System of Ukraine resulting from the location of the generating facilities in a temporarily occupied territory.
2. The Court was guided by the legal positions of the Joint Chamber of the Commercial Cassation Court set forth in the resolutions dated 20.03.2026 and 03.10.2025, while departing from the previous conclusion of the Supreme Court in case No. 910/19641/23. The Supreme Court emphasized that commercial metering data are not final and may be adjusted, including to “zero” values, if confirmed information is received regarding the impossibility of the facility’s synchronous operation with the energy system. The Court underscored that a letter from the distribution system operator regarding the loss of electrical connection with the occupied territory constitutes sufficient evidence for such an adjustment. It was further clarified that the status of a temporarily occupied territory does not depend on the existence of a separate government decision, but has an objective nature. The courts of lower instances erroneously ignored these circumstances, limiting themselves only to a formal assessment of the initial purchase and sale certificates. Consequently, the Supreme Court determined that the previous decisions did not meet the requirements of legality and validity, as the courts failed to evaluate the data adjustment procedure and the evidence regarding the actual absence of energy supply.
3. The Supreme Court set aside the decisions of the courts of first and appellate instances and remanded the case for a new trial to the Commercial Court of Kharkiv Region.
