Subject of Dispute: Termination of a Service Procurement Contract between LLC “Bramante” and LLC “Gas Transmission System Operator of Ukraine” due to Substantial Change of Circumstances as a Result of Full-Scale War.
Main Arguments of the Court:
The Supreme Court indicated that the courts of previous instances prematurely satisfied the claim for contract termination. The Court drew attention to the fact that at the time of contract conclusion, martial law had already been in effect for 4 months, therefore the parties could have anticipated economic consequences. Moreover, currency exchange rate fluctuations and inflationary processes are ordinary commercial risks of entrepreneurial activity, and not grounds for contract termination.
Court Decision: To cancel the decisions of previous judicial instances and refer the case for a new hearing to conduct a more detailed investigation of all circumstances.
