1. The subject of the dispute is the recovery of inflation losses and 3% per annum from PrJSC “NEC “Ukrenergo” in favor of LLC “Kyiv Regional Energy Supply Company,” accrued due to the delay in payment for services for ensuring an increase in the share of electricity production from alternative sources.
2. The Court, citing the position of the Grand Chamber of the Supreme Court dated July 2, 2025, in case No. 903/602/24, departed from the previous practice regarding the possibility of reducing the 3% per annum, clearly stating that this amount is a legally established minimum that is not subject to reduction by the court. The Supreme Court emphasized that 3% per annum and inflation losses are not penalty sanctions but act as a compensatory mechanism for protecting the creditor’s property rights against the depreciation of money. The Defendant attempted to prove the absence of its fault due to the non-fulfillment of obligations by other counterparties; however, the court rejected this argument, pointing out that the lack of funds or the actions of third parties do not exempt the debtor from liability for a monetary obligation. The court also confirmed that although the reduction of fines is the right of the court, it cannot extend to the minimum rate of 3% per annum defined by Article 625 of the Civil Code of Ukraine. Thus, the courts of previous instances rightfully satisfied the claim, as the fact of payment delay was proven and not contested.
3. The Supreme Court left the cassation appeal of PrJSC “NEC “Ukrenergo” unsatisfied and the decisions of the courts of previous instances regarding the recovery of debt unchanged.
