Date
2024-07-22

A MAJOR VICTORY!

Author

FEDOTOV&PARTNERS attorneys successfully defended a client, an electricity supplier, in a lawsuit filed by a prosecutor seeking to invalidate supplementary agreements and recover funds.   

Case background: In January 2022, a municipal enterprise and a supplier entered into an electricity supply contract following a public procurement process.   

Subsequently, due to market fluctuations in electricity prices, the parties signed a series of supplementary agreements to adjust the price of the goods in the original contract.   

The prosecutor, alleging that these agreements violated public procurement laws, filed a lawsuit against the supplier seeking to have them declared invalid and to recover funds for electricity that was allegedly not supplied.   

The Commercial Court of Khmelnytskyi Region (Case No. 924/133/24) fully dismissed the prosecutor's claims, ruling them to be unfounded and unsubstantiated.    

The FEDOTOV&PARTNERS attorney demonstrated that the contested supplementary agreements were concluded in accordance with applicable law and the procedures stipulated in the original supply contract.

In doing so, the FEDOTOV&PARTNERS team successfully challenged the prevailing trend where such lawsuits by prosecutors are typically granted by courts, regardless of the established facts and circumstances.

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