Subject of Dispute: Recovery of Debt under the Electricity Transmission Services Agreement and Accrual of Inflation Losses and 3% Per Annum.
Main Court Arguments:
The court established that the rules on exemption from liability due to force majeure do not extend to accessory monetary obligations, specifically the accrual of inflation losses and 3% per annum. Force majeure does not exempt from fulfilling the main monetary obligation, but only temporarily suspends liability for its non-performance. Despite the martial law, the defendant was obliged to continue making payments, and therefore, the accrual of inflation losses and interest is legitimate.
Court Decision: The Supreme Court partially satisfied the cassation appeal, canceled the decisions of previous instances regarding the refusal to recover 3% per annum and inflation losses, and referred the case for a new review.
