Martial law is no excuse: a renewable energy producer sues the state for UAH 15 million
11 November 2024 09:46
The Kyiv Commercial Court has ruled to oblige the state-owned enterprise Guaranteed Buyer to pay more than UAH 15 million in debt and compensation to Solar Karpaty LLC, a company that produces electricity at a feed-in tariff. The court decision was made on October 10, reports "Komersant Ukrainian"
The basis for this legal dispute was an agreement signed in 2017 between Guaranteed Buyer and Solar Karpaty. Under this agreement, the state-owned enterprise undertook to purchase all the electricity that the company produces at a feed-in tariff. In the period from October 2021 to August 2022, Guaranteed Buyer purchased electricity from Solar Karpaty for UAH 24.07 million. However, the state-owned enterprise did not pay part of this amount on time, which led to a debt of UAH 13.42 million, which Solar Karpaty decided to recover through the court.
“Guaranteed Buyer objected to the claim, stating that Solar Karpaty LLC did not take into account the peculiarities of regulating obligations during martial law, in particular, orders of the Ministry of Energy No. 140 and No. 206 and Resolution of the NEURC No. 332, which affected the financial condition of electricity market participants. However, the court found that these regulations did not limit the right of electricity producers to receive the full value of the products sold and did not change the terms of payment for them. In addition, the Ministry of Energy’s Order No. 206 was repealed on April 1, 2024 by Order No. 136, which removed the restrictions on minimum payments for renewable energy producers.
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The court found that Guaranteed Buyer had paid only UAH 208 thousand of the debt to Solar Karpaty. As a result, it was decided to recover the remaining debt of UAH 13.22 million, UAH 1.71 million in inflationary losses and UAH 237 thousand in court fees from the state-owned enterprise.
Solar Karpaty LLC is owned by two founders, Andriy Lysiv and Andriy Semaniv. The latter is a member of the board of the Ivano-Frankivsk Business Association NGO, co-owner of Alliance, and also owns the Cesar restaurant chain, HAY Hotel, Energy Spa Club, Auto Parts IF, and five companies specializing in alternative energy.
