“The Northern Economic Court of Appeal considered the case of the provision of electricity by NEC Ukrenergo to United Energy LLC without receiving payment, contrary to the rules of the energy market, in March 2022. According to the judge, “Ukrenergo” acted in bad faith. This is reported by “RBK-Ukraine” with reference to the decision of the Northern Commercial Court of Appeal. The relevant decision was made by the Northern Court of Appeal on September 17 following the lawsuit of “Alliance Bank” against the NEC”, — write on: ua.news
The Northern Economic Court of Appeal considered the case of Ukrenergo NEC providing electricity to United Energy LLC without receiving payment, contrary to the rules of the energy market, in March 2022. According to the judge, “Ukrenergo” acted in bad faith.
This is reported by “RBK-Ukraine” with reference to the decision of the Northern Commercial Court of Appeal.
On September 17, the Northern Appellate Commercial Court passed the relevant decision on the lawsuit of “Alliance Bank” against NEC “Ukrenergo” and “United Energy”, leaving in force the decision of the Commercial Court of Kyiv from April 17 on recognizing the guarantee as unenforceable and recognizing it as a terminated obligation. banking.
The appellate court confirmed the conclusions of the instance that NEC “Ukrenergo” sold electricity to companies that were in default, which is prohibited by the market rules approved by the NCRECP, and did not take the necessary measures to debit the debtor’s funds from his account at “Oschadbank”.
“PJSC NEC Ukrenergo, contrary to Clause 1.7.5 of the market rules, during the period of existence of United Energy LLC in default status, such measures were not taken against the debtor, namely, future registrations were not stopped and current registrations were canceled bilateral contracts for the sale of electric energy, the zero volume of electricity sales was not established, a certificate was not sent to the authorized bank every working day at 10:30 a.m. regarding the amount of indebtedness of United Energy LLC for the payment of the value of its imbalances in order to debit the funds of the debtor’s account and direct the indicated funds to pay off his debt,” the decision reads.
The court noted that “Ukrenergo” stopped supplying electricity to the debtor only after the debtor’s total debt exceeded the amount of the issued bank guarantee.
“The directions in the subsequent demands of the bank collectively indicate that the behavior of PJSC NEC Ukrenergo was dishonest, and was aimed at the occurrence of a guarantee event in order to receive payment of funds under the guarantee from the bank. That is, with its dishonest behavior, PJSC “NEC “Ukrenergo” contributed to the occurrence of a delaying circumstance – the debtor’s violation of the main obligation (increasing the debt under the contract and the impossibility of fulfilling his obligation), which causes the obligation of the guarantor to arise, and therefore, taking into account the provisions Part 4 of Art. 212 of the Civil Code of Ukraine, it should be considered that the circumstance provided for by the guarantee for the bank to pay the beneficiary money in order to repay the debt of United Energy LLC for the electricity sold to him to settle the imbalance after he acquired the status of “default” is such that it has not occurred”, – it is noted in the decision
We will remind that the National Commission, which carries out state regulation in the spheres of energy and communal services (NKREKP), changed the procedure for forming electricity prices for consumers of the supplier of “last hope” (PON) in the direction of its increase for the period from October 1 to December 31, 2024.
The day before, Ukrenergo proposed to raise the electricity transmission tariff by 48% in 2025, to UAH 783.71 per MWh.
Earlier we wrote that on Monday morning, September 23, we recorded an increase in the level of electricity consumption. That’s why energy workers were asked to consume electricity sparingly.
We will also remind you that, taking into account the restored generation, Ukrainian energy companies will be able to prepare approximately 14-15 GW of generating capacity for work by the beginning of December.
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