Publication date: 15.07.2025
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Input Data:
On May 13, 2022, Limited Liability Company "Operator Enerhii" (hereinafter – Plaintiff), specializing in natural gas supply, filed a lawsuit with the Commercial Court of Odesa Region against Communal Enterprise "Specialized Communal and Household Service Enterprise" (hereinafter – Defendant). The subject of the claim was the recovery of a significant debt for consumed natural gas amounting to 1,343,794.56 UAH.
The problem lay in the Defendant's systematic non-fulfillment of its monetary obligations under Natural Gas Supply Agreement No. 78, concluded on June 30, 2021, which led to the accumulation of a critical debt sum and threatened the stable operation of the Plaintiff as an energy resource supplier. The debt arose in the period from January to February 2022, when the Defendant consumed gas volumes whose cost was not fully paid.
Problem:
A Natural Gas Supply Agreement was concluded between the parties through an open bidding procedure on the Prozorro electronic platform (procurement identifier UA-2021-05-28-011253-b), which emphasizes its public-legal nature and mandatory execution. The Agreement clearly defined the rights and obligations of the parties, in particular the Consumer's (Defendant's) obligation to ensure timely and full payment for the gas according to the contract terms (Clause 5.3. of the Agreement, Part 20 of Section II of the Natural Gas Supply Rules). The Plaintiff timely and fully fulfilled its obligations to supply gas, which is confirmed by the issued invoices and acceptance-transfer acts.
The Defendant's main argument was to dispute the debt, referring to an alleged "full payment" of the Agreement in the amount of 6,420,418.44 UAH for the entire period of its validity, and that no additional agreements on increasing volumes were signed. However, the analysis revealed key violations:
- Non-payment for actually consumed volume: The Defendant, despite objections, did not refute the fact of receiving larger volumes of gas than initially stipulated in the planned volume.
- Non-compliance with volume adjustment conditions: Clause 3.10. of the Agreement directly provided for the possibility of adjusting natural gas volumes by the Consumer submitting a corresponding application. The Defendant did not provide evidence of taking such measures, although it actually consumed gas volumes in a larger quantity.
- Absence of reasoned refusal to sign acts: According to Clause 3.7.5. of the Agreement, in case of non-return of the signed original acceptance-transfer act or failure to provide a reasoned refusal to sign it, such act is considered signed, and the volume of consumed gas is determined according to the data of the Gas Distribution System Operator.
Thus, the Defendant violated the provisions of Articles 509, 526, 530 of the Civil Code of Ukraine and Articles 173, 193 of the Commercial Code of Ukraine, which regulate the fulfillment of contractual obligations.
Desired Outcome:
Full recovery of debt for consumed natural gas, including the principal debt and court fees, with the aim of protecting the financial interests of Limited Liability Company "Operator Enerhii" and restoring contractual discipline.
Responsible Lawyer:
Information about the lawyer was not specified in the provided text.
Solution:
The legal strategy implemented for the Plaintiff was built on the principles of full and undeniable proof of the Plaintiff's proper fulfillment of its contractual obligations and the existence of an unfulfilled monetary obligation by the Defendant for actually consumed natural gas. It was important not only to confirm the debt but also to refute all of the Defendant's objections.
- Preparation and submission of a reasoned claim.
A thoroughly drafted statement of claim was prepared and submitted to the Commercial Court of Odesa Region, containing a comprehensive substantiation of the debt amount. The debt calculation was performed in accordance with the terms of the Natural Gas Supply Agreement No. 78 from 30.06.2021 and the current norms of the Civil Code of Ukraine and the Commercial Code of Ukraine, which regulate contractual obligations and settlements in the field of energy supply. This ensured a strong legal basis for the case. - Provision of all necessary evidence to the court.
A complete package of documentary evidence confirming the gas supply and the fact of non-payment was collected and provided to the court to support the Plaintiff's position. This included originals of the Agreement, monthly acceptance-transfer acts of natural gas confirming the fact and volumes of supply, invoices issued by the Plaintiff for consumed gas, and payment orders demonstrating payment volumes and the unpaid balance. Additionally, data from JSC "Odesagas" regarding actual gas consumption were used, which confirmed the volumes specified in the invoices. - Effective counter-argumentation of the defendant's objections.
A detailed and convincing response was provided to all of the Defendant's arguments regarding "full payment under the Agreement" and "absence of additional agreements." This included references to clauses 3.8. and 3.10. of the Agreement, which provided for the possibility of adjusting the annual planned volume, as well as actual consumption data that significantly exceeded the planned indicators. It was emphasized that the Defendant took no action to adjust the volumes, as provided for in the Agreement, and did not provide reasoned objections against the acceptance-transfer acts.
Result: On July 14, 2022, the Commercial Court of Odesa Region ruled to fully satisfy the claim of Limited Liability Company "Operator Enerhii". The Court ordered the recovery from Communal Enterprise "Specialized Communal and Household Service Enterprise" in favor of the Plaintiff of 1,343,794 UAH 56 kop. of debt for consumed natural gas and 20,156 UAH 92 kop. of court fees.
This decision of the Commercial Court fully protected the financial interests of the Plaintiff, Limited Liability Company "Operator Enerhii", confirming the mandatory fulfillment of contractual obligations for actually consumed services. The case is a vivid example of how thorough preparation of a statement of claim, proper presentation of evidence, and effective counter-argumentation allow for a fair court decision in complex commercial disputes. It also emphasizes the importance of adhering to contractual discipline and the effectiveness of the judicial system in resolving debts, ensuring the stability of economic relations between business entities. The decision underlines that the fact of resource usage requires payment, regardless of initial planned volumes, if the contract provides for adjustment mechanisms and the parties ignore them. договор предусматривает механизмы корректировки, а стороны их игнорируют.
