Subject of Dispute: Invalidation of Decisions of the General Shareholders Meeting of JSC “Chornomornaftogaz” and Recovery of Court Expenses.
Main Arguments of the Court: The Supreme Court established that the appellate court showed excessive formalism by returning the appeal of PJSC “Gaztek” due to the court fee being paid by another legal entity. The court emphasized that the determining factor is the receipt of the court fee to the budget, not the identity of the payer. The panel of judges considers that the return of the complaint violates the principle of the rule of law and restricts the plaintiff’s access to justice.
Court Decision: The Supreme Court satisfied the cassation appeal of PJSC “Gaztek”, revoked the ruling of the appellate commercial court, and referred the case for a new review.
