27.06.2025
The Supreme Court provided an official response to the Energy Club’s appeal of May 20, 2025, which concerned the crisis situation in the electricity market due to the interpretation of the provisions of the Law “On Public Procurement”. In its letter, the Court stated that it had taken note of the arguments of the energy community, while explaining the limits of its powers to change judicial practice.
Recall that earlier, Energy Club appealed to key state bodies, in particular, to the Secretary of the Grand Chamber of the Supreme Court, calling on them to reconsider the legal position set out in the resolution of January 24, 2024 (case No. 922/2321/22). This position limits any price change in a public procurement contract to 10% of its initial value, which is inconsistent with the realities of the volatile electricity market and creates, according to the business community, an “existential crisis” for the industry.
In its response dated June 26, 2025, signed by the head of the service, Maksym Metky, the Supreme Court noted that its main role is to ensure the consistency and unity of judicial practice, which occurs exclusively through the administration of justice.
The court explained that the formation of legal conclusions occurs during the review of specific cases in the cassation procedure. The letter emphasizes that “the Supreme Court does not have any other legislatively established possibility of influencing judicial practice.”
The key point of the response is the phrase: “At the same time, the information you provided has been taken into account.”
According to Energy Club, this is an important signal. Although the Court cannot change its position outside the scope of a specific case, taking note of the detailed arguments of the energy community may influence the formation of future legal conclusions when the Court receives a case with circumstances that are more representative of the market.
“We are grateful to the Supreme Court for its response. We understand the procedural constraints within which the Court operates. The fact that our arguments regarding the inconsistency of the judicial interpretation with the economic realities of the market have been officially taken into account gives us hope. This means that the door to dialogue is not closed. Our task now is to work together with market participants to ensure that a case reaches the highest judicial instance that will eliminate the current contradictions and protect the stability of energy supply in Ukraine,” Energy Club President Andriy Kostrytsia commented on the response.
Energy Club continues to make efforts to resolve this critical situation and ensure the stable functioning of the Ukrainian energy sector.
