1. The subject of the dispute is the recovery from Kharkiv Bus Plant LLC in favor of Kharkivgaz Zbut LLC of debt for the supplied natural gas, as well as penalties, fines, 3% per annum and inflationary losses.
2. The court of appeal partially satisfied the claim, based on the fact that the contract between the parties was extended for 2022, and the calculation of the cost of gas should be carried out at the price agreed in the contract, and not on the basis of the plaintiff’s internal orders. The cassation court supported this position, noting that the plaintiff in the statement of claim referred to the contract as the basis of its claims, and used the orders to change prices to justify the calculation of the amount of debt, but not as the main basis for recovery. The cassation court rejected the defendant’s reference to previous decisions of the Supreme Court, since the actual circumstances in this case differ from those in previous cases, and therefore previous conclusions cannot be applied.
3. The Supreme Court upheld the appellate court’s decision to partially satisfy the claim of Kharkivgaz Zbut LLC.
