Subject of Dispute: Imposing Joint and Several Liability on the Director of LLC "Telecommunication and Information Systems" for Untimely Bankruptcy Petition.
Main Arguments of the Court:
The court established that to impose joint and several liability on the debtor's director, it is necessary to clearly determine the amount of such liability and claim recovery of a specific…
Subject of Dispute: Recovery from PrivatBank of 1,400,000 UAH in lease payments made under a financial leasing agreement that was terminated.
Key Court Arguments:
1. The financial leasing agreement is a mixed contract and includes elements of lease and sale.
2. Part of the lease payments is essentially a prepayment for property that was to be transferred to…
The European Commission has imposed provisional anti-dumping duties on decor paper imported from China, with rates ranging from 31.0% to 34.9%. The regulation covers specialized decor paper used in furniture and interior design manufacturing.
The investigation determined that Chinese manufacturers were selling decor paper in the EU market at prices substantially below normal value. The Commission…
CASE OF DENYSYUK AND OTHERS v. UKRAINE
Here's a detailed analysis of the ECHR decision in Denysyuk and Others v. Ukraine:
1. Essence of the decision in 3-5 sentences:
- The case concerns violations of Article 8 of the Convention (right to respect for private life and correspondence) regarding covert surveillance measures applied to four Ukrainian…
Essence of the decision:
The European Court of Human Rights ruled on the case Martyrosyan v. Ukraine concerning excessive pre-trial detention length. The Court found that Ukraine violated Article 5 § 3 of the Convention by keeping the applicant in pre-trial detention for 3 years, 5 months, and 13 days without sufficient justification. The Court awarded…
1. Essence of the decision:
The European Court of Human Rights found Ukraine violated Articles 2 and 3 of the Convention regarding the death of a young man in police custody in 2010. The Court determined that Ukraine failed to conduct an effective investigation into the death and ill-treatment of the victim, and failed to provide…
1. Essence of the decision:
The European Court of Human Rights ruled in the case of Bilyy v. Ukraine concerning the ill-treatment of the applicant by police convoy officers in 2016, when he sustained a head injury while consulting case files on court premises. The Court found Ukraine in violation of Article 3 of the Convention…
Here's a detailed analysis of the ECHR decision in Ishkhanyan v. Armenia:
1. Essence of the decision in 3-5 sentences:
- The case concerns the unlawful arrest and detention of a participant in a peaceful protest in Yerevan against electricity price increases. The Court found that the applicant's arrest after the dispersal of a sit-in demonstration…
Here's a detailed analysis of the ECHR decision in Denysyuk and Others v. Ukraine:
1. Essence of the decision in 3-5 sentences:
- The case concerns violations of Article 8 of the Convention (right to respect for private life and correspondence) regarding covert surveillance measures applied to four Ukrainian nationals. The Court found that the interference…
Subject of Dispute: Return of Overpaid Corporate Income Tax Funds Amounting to 325,842,416.84 UAH and Accrued Penalty.
Main Court Arguments:
The Supreme Court revealed systemic procedural violations in the decisions of previous instances. The courts did not verify key case circumstances: firstly, whether the disputed amount can be considered overpaid, secondly, whether there is indeed no tax…
Subject of Dispute: Review of Sentence Regarding a Person Who Committed Several Thefts in Various Stores in the City of Brovary.
Main Arguments of the Court: The Supreme Court established that due to changes in legislation (Law No. 3886-IX), several episodes of theft by PERSON_7 are no longer considered criminal offenses due to the low value…
Subject of the Dispute: Recovery of Credit Debt from an Individual in Favor of "Bright Investment" Company under a Contract Concluded with OTP Bank.
Main Arguments of the Court: The Supreme Court considers that the appellate court incorrectly returned the appellate complaint due to the formal absence of a signature on the lawyer's warrant. The court…
Subject of Dispute: Recognition of Supplementary Agreement No. 5 dated 03.06.2024 to the Individual Natural Gas Purchase and Sale Contract.
Main Arguments of the Court:
The Supreme Court considers that the bank's prohibition to make payments under bank guarantees is not directly related to the subject of the claim, violates the rights of the bank and the…
Subject of Dispute: Invalidation of the Contract for Biological Cleaning of the Inlet Canal and Water Body Release.
Main Court Arguments:
The court established that the contract is a simulated transaction that actually conceals the transfer of a land plot with a water body for fishery purposes. The Kilia Interdistrict Water Management Department did not have the…
Here is the translation of the legal text summary:
1. Subject of Dispute: Recovery of debt for completed construction and installation works and accrual of 3% per annum and inflationary losses.
2. Main Court Arguments:
- Plaintiff fully completed works for the amount of 17,447,636.11 UAH
- Defendant partially paid 12,276,410.67 UAH
- Contract terms stipulate that payment depends on…
Anti-dumping duties on decor paper from China
The Commission imposed provisional anti-dumping duties ranging from 31.0% to 34.9% on imports of decor paper from China. The investigation found Chinese producers were dumping products at artificially low prices, causing material injury to EU producers. Individual duty rates were set for cooperating companies: Hangzhou Huawang (34.9%), Kingdecor…
This judgment concerns the interpretation of Directive 2008/48/EC on consumer credit agreements. Here is the detailed analysis:
1. Essence of the act in 3-5 sentences:
The judgment addresses three key questions regarding consumer credit agreements under EU law: 1) whether overstating the annual percentage rate of charge (APRC) due to unfair terms constitutes a violation of information…
This Commission Delegated Regulation establishes a standardized template for cooperation arrangements between EU Member States' competent authorities and third-country supervisory authorities regarding crypto-assets markets. It supplements the main Regulation 2023/1114 on markets in crypto-assets by providing detailed guidelines for information exchange and enforcement cooperation.
The act consists of three main articles and an extensive annex. Article…
No new decisions were published today
Subject of Dispute: Challenging the Order of Dismissal of a Military Serviceman from a Position and Placing Him at the Disposal of the Brigade Commander.
Main Arguments of the Court:
1. Under martial law, the command has the right to relocate military servicemen without their consent to complete the Armed Forces.
2. The relocation plan and change in…
