1. The subject of the dispute is the recovery from JSC “NNEGC “Energoatom” in favor of LLC “KSM-Trade” of penalties, inflationary losses and 3% per annum under supply agreements.
2. The court of cassation instance found that the courts of previous instances did not fully investigate the circumstances of the case regarding the validity of the claims for the recovery of penalties and 3% per annum, did not properly analyze the terms of the agreements, did not take into account the conclusions of the Supreme Court regarding the application of Article 625 of the Civil Code of Ukraine and Article 231 of the Commercial Code of Ukraine, in particular, regarding the need for the parties to agree in the agreement on the amount of the penalty and the possibility of changing only the amount of annual interest, and not refusing them altogether. The court also emphasized that the clarification of the actual content of the legal relationship of the parties to the agreement regarding the grounds for applying liability for violation of a monetary obligation should be carried out in a systematic relationship with the provisions of applicable law. Also, the court of cassation instance referred to the fact that the court is obliged to properly examine the evidence submitted by the parties and provide its calculation in the decision in case of disagreement with them. The court indicated that it takes into account the legal position of the Grand Chamber of the Supreme Court, set forth in the decision of 02.07.2025 in case No. 903/602/24, according to which the reduction by the court of annual interest is possible only to a rate of not less than three percent per annum.
3. The Supreme Court overturned the decisions of the previous instances in the part of the recovery of penalties and 3% per annum and sent the case for a new trial to the court of first instance for a full and comprehensive investigation of the circumstances of the case and the adoption of a legal and justified decision.
