GOLAW’s victory for the entire alternative energy market

SE “Guaranteed Buyer” (hereinafter also referred to as “Guaranteed Buyer”) did not fully pay producers under the “green” tariff for the supplied electricity. Guaranteed Buyer referred to the restrictions on payments during martial law established by Order No. 206 of the Ministry of Energy.

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.

SE

Kateryna Manoylenko

Kateryna Manoylenko

Partner, Head of Litigation and Dispute Resolution practice, Attorney at law

  • Recognitions
  • The Legal 500 EMEA 2023
  • Who's Who Legal 2022 - 2024
Kateryna Tsvetkova

Kateryna Tsvetkova

Partner, Litigation and Dispute Resolution practice, Attorney at law

  • Recognitions
  • The Legal 500 EMEA 2023
  • Who's Who Legal 2022 - 2024
Anastasiia Klian

Anastasiia Klian

Senior Associate, Attorney at law

Ihor Selivakin

Ihor Selivakin

Associate, Attorney at law

293

Related insights

Prime Opportunity for Investors: Ukraine’s Energy Market Opens with Special Auctions for Ancillary Services in Generation and Storage

10 July 2024 Energy Alert

Prime Opportunity for Investors: Ukraine’s Energy Market Opens with Specia...

Read
What are esg standards and why business can no longer ignore the principles of sustainable development

09 July 2024 Energy Alert

What are esg standards and why business can no longer ignore the principles of s...

Read
Introduction of guarantees of origin of electricity from renewable energy sources in Ukraine

24 June 2024 Energy Alert

Introduction of guarantees of origin of electricity from renewable energy source...

Read
View all

We use cookies to improve performance of our website and your user experience.
Cookies policy Cookies settings

Please read the provisions of the privacy policy and the processing of personal data carefully Cookies policy.

I consent to the processing of personal data in accordance with the privacy policy and the processing of personal data

I want to receive a mailing

We use cookies to improve performance of our website and your user experience. Cookies policy Hide settings

Thank you for your trust!

Your request for a consultation has been received, and our experts will be in touch with you shortly.

Go to main page
Thank you for subscribing to our newsletter!

Going forward, you will remain informed about the latest and most significant legislative updates, expert publications, and forthcoming event announcements.

Go to main page