Naftogaz of Ukraine sues for the Crimean debts
Naftogaz of Ukraine NJSC appealed to the Economic Court of Kyiv region with a claim to Kerchgaz JSC and request on recovery of UAH 6.2 million. In support of the claims, the plaintiff refers to the defendant’s violation of the obligations under the gas purchase and sale contract in terms of payment within the prescribed term.
On January 4, 2013 the parties of the case between Naftogaz of Ukraine and Kerchgaz (hereinafter the buyer), signed the gas sale and purchase contract. The plaintiff supplied February 2013, and April and November 2013, February 2014 and the defendant accepted natural gas for a total of UAH 18.4 million, which is confirmed by the acts of gas transfer-acceptance, the copies of which are attached to the case files. The plaintiff indicated that the respondent's arrears on payment for the supplied gas were UAH 2.9 million. However, the respondent in violation of its obligations did not provide the court any evidence of payment for gas delivered January-April 2014.
In these circumstances, the court considers the claims of the plaintiff in part of the debt recovery in the amount of UAH 2.9 million of the main debt accrued for the supplied gas substantiated and subject to satisfaction in full. In addition, Naftogaz claims recovery of 3% per annum – UAH 397 thousand, inflation losses – UAH 2.4 million, and penalties – UAH 472.2 thousand.
Court satisfied the claim in full and decided to recover from Kerchgaz in favor of Naftogaz the debt of UAH 6.2 million with punitive sanctions and UAH 92.8 thousand of court fees.