Ukrtransgaz collected UAH 358 million from Odesa Port Plant

In June 2019, Ukrtransgaz JSC (UTG) appealed to the Economic Court of Odesa Region with a statement of claim against Odesa Port Plant JSC (OPP), in which it asked the court to oblige OPZ to return 53.25 mcm of unreasonably purchased natural gas or collect the cost of this gas in the amount of UAH 438 million from OPP.

Justifying the claim, UTG referred to the fact that OPP unjustifiably withdrew natural gas from the gas transportation system in June 2016 in the amount of 53.25 mcm, i.e. more than was agreed upon by OPP's nomination, which UTG became aware of during the implementation of the allocation procedure.

As noted by UTG, the selection of natural gas from the GTS was carried out from the resources of the plaintiff itself, which supplied such volumes of natural gas to the GTS as part of physical balancing, and which was purchased by the plaintiff from Naftogaz of Ukraine under the purchase and sale agreement dated May 30, 2016.

The case reached the Supreme Court, which determined that the courts of previous instances did not consider all the circumstances of the case and sent it for new consideration to the Economic Court. After a new review, the Commercial Court partially satisfied the claim of Ukrtransgaz, namely, it recovered UAH 358 million from OPP in its favor.