The Supreme Court allowed DTEK not to pay NPC Ukrenergo for electricity transmission services

On June 8, 2021, the Supreme Court refused to satisfy the cassation appeal of NPC Ukrenergo and left unchanged the decision of the Economic Court of Kyiv dated September 22, 2020, and the decision of the Northern Economic Court of Appeal dated February 09, 2021, by which the state company was denied the claim to D.Trading LLC on the collection of UAH 651 million of debt under the contract for the provision of services for the transmission of electrical energy, Finbalance reports.

According to the court materials, D. Trading LLC noted that when exporting, it should not have paid for the electricity transmission service, since, in his opinion, this “contradicts the terms of the contract and the requirements of the current legislation”.

According to the conclusion of the courts, the obligation to pay the tariff for the transmission, in particular, of exported electricity was introduced precisely with the adoption of the NEURC Resolution No.360, which entered into force on 08.02.2020, while part of the subject of the dispute is the requirements for the collection of the cost of services for the period July 2019 - January 2020, in other words, for the period preceding the adoption of the resolution.

Besides, the courts decided that charging fees for the transmission of exported electricity volumes violate Ukraine's international obligations (in the context of the Association Agreement between Ukraine and the EU).

It is also reported that on November 17, 2020, the Economic Court of Kyiv satisfied the claim of D.Trading LLC in case No.910/9400/20 and ordered Ukrenergo to stop issuing invoices for services in the export of electricity and include the corresponding services in the primary documents that formalize services for the transmission of electrical energy.

To recap, in April DTEK Energy filed a lawsuit to recover a debt of UAH 2.4 billion from Ukrenergo for its work in the balancing market.

Tags: DTEK, court, legislation, Ukrenergo, electricity market, debt, export, electricity transmission, power system

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