GOLAW’s victory for the entire alternative energy market

To date, the courts have not had an unambiguous position on this issue and have not always satisfied the producers’ claims to recover the debt from Guaranteed Buyer.

Due to the ambiguous court practice, one of these cases was referred to the Joint Chamber of the Commercial Court of Cassation within the Supreme Court.

Guaranteed Buyer convinced the court that legal relations with producers before the introduction of martial law and during martial law have different legal nature and regulation. In particular, Guaranteed Buyer insisted that it had the right to make partial payments to the producers, since Order No. 206 of the Ministry of Energy allegedly changes the procedure for settlements with alternative energy producers both in terms of advance payments and final payments during the special period.

As a result of the case, the Joint Chamber of the Commercial Court of Cassation of the Supreme Court upheld the position of GOLAW’s attorneys and upheld the decisions of the courts of previous instances, thereby confirming Guaranteed Buyer’s obligations to pay in full the principal debt, 3% per annum and inflationary losses.

This decision is extremely important for all producers under the feed-in tariff to whom State Enterprise “Guaranteed Buyer” is indebted.

The GOLAW team involved in the project included partner Kateryna Manoylenko, partner Kateryna Tsvetkova, senior associate Anastasia Klyan and associate Igor Selivakin.