“The commercial court of the city of Kyiv obliged the state-owned enterprise “Guaranteed buyer” to pay LLC “Solar Karpaty” more than UAH 15 million in debt and inflationary losses. ”, — write: www.epravda.com.ua
The commercial court of the city of Kyiv obliged the state-owned enterprise “Guaranteed buyer” to pay LLC “Solar Karpaty” more than UAH 15 million in debt and inflationary losses.
About this testifies court decision from October 10.
In 2017, SE “Guaranteed Buyer” concluded an agreement with LLC “Solar Karpaty” (producer under the “green” tariff), according to which the state-owned enterprise undertook to buy all the released electric energy from the private company.
In October 2021 and in February-August 2022, “Guaranteed Buyer” purchased electricity for a total amount of UAH 24.07 million from “Solar Karpaty” LLC.
At the same time, the state-owned enterprise did not pay part of the electricity on time, which resulted in a debt in the amount of UAH 13.42 million, which “Solar Karpaty” decided to condemn.
“Guaranteed buyer” objected to the company’s lawsuit and noted that “Solar Karpaty” LLC did not take into account the specifics of the regulation of the obligations of the parties during martial law, in particular, the provisions of the orders of the Ministry of Energy of Ukraine No. 140 and No. 206 dated 15.06.2022 and the resolution of the NCRECP No. 332 dated February 25, 2022 “On ensuring the stable functioning of the electricity market, including the financial condition of electricity market participants, during a special period.”
As the court established, order No. 206, as well as the previous one No. 140, do not in any way limit the right of the producer of electric energy under the “green” tariff to receive the full value of the sold electric energy, nor does it change the terms of fulfilling the financial obligations of the guaranteed buyer regarding the final settlements .
Moreover, the Ministry of Energy, by order No. 136 dated 01.04.2024, canceled the effect of order No. 206, which established for SE “Guaranteed Buyer” minimum percentages of payments to producers of electricity from RES (renewable sources of electricity) of the cost of electricity received.
As the court found out, “Guaranteed buyer” paid “Solar Karpaty” a small part of the debt – UAH 208,000. As a result, the court recovered UAH 13.22 million in debt, UAH 350,000 in 3% annual interest, UAH 1.71 million in inflationary losses and UAH 237,000 in court fees from the state enterprise in favor of the private firm.
“Solar Karpaty” belongs to the managers Andriy Lysiv and Andriy Semaniv.
Semanov – board member public union “Business Association of Ivano-Frankivsk”, co-owner of “Alliance” GC, Cesar restaurant chain, “HAY” hotel, “Energy Spa Club”, “Avtozapchastina IF”, 5 alternative energy companies, etc.