14.08.2025
Energy Club has sent an official appeal to the leadership of a leading European energy institution, demanding a review of the decision to impose significant financial penalties on a Ukrainian manufacturing company that is a member of the club.
This case sets a dangerous precedent where a formalistic approach to contract terms ignores the realities of a full-scale war and questions the legitimacy of official documents issued by Ukrainian institutions.
The Core of the Problem:
One of the club’s member companies, a reliable Ukrainian manufacturer, was fulfilling a contract for a European client. Due to objective delays caused by systematic air raid sirens, emergency power outages, and other consequences of military actions, the company was unable to deliver its products on time.
To confirm the force majeure circumstances, an official certificate from the Ukrainian Chamber of Commerce and Industry (UCCI) was provided — the sole legitimate document certifying such circumstances in the country.
Despite this, the international partner took a formalistic approach, considering only the arithmetic number of downtime hours, and imposed a substantial fine. Such a calculation completely ignores the cumulative effect of the war on production cycles: the need to restart equipment, logistical disruptions, and, most importantly, the priority of personnel safety.
“To apply standard peacetime sanctions to a company that is manufacturing equipment under rocket fire is not just unfair; it is an ignorance of reality. The UCCI certificate is not a request, but an official testimony from the state about the conditions in which our businesses operate. We will ensure that the voice of Ukrainian producers is heard and their resilience is respected,” emphasized Andriy Kostrytsia, President of Energy Club.
Energy Club’s Position:
We are convinced that operating under the conditions of a full-scale war constitutes an unconditional force majeure. The official certificate from the UCCI is proper and sufficient proof that does not require additional verification, which is impossible to provide under the current circumstances.
In its letter to the leadership of the international organization, Energy Club insists on:
Energy Club will continue to resolutely defend the interests of every Ukrainian company facing formalism and a lack of understanding of the unique operating conditions in Ukraine. We call on our international partners for true solidarity, which must be demonstrated not only in words but also in fair and reality-based business decisions.
