25.06.2025
Energy Club, together with its member companies, is launching an initiative to conduct a comprehensive scientific and legal examination to resolve the critical issue of legal uncertainty in the application of the provisions of the Law “On Public Procurement”.
The need for such a step is due to the situation that has developed in the market after the decision of the Grand Chamber of the Supreme Court of January 24, 2024 (case No. 922/2321/22). This decision, which limited the possibility of increasing the price per unit of goods to 10% for the entire term of the contract, has led to numerous lawsuits against energy suppliers. Such a practice creates significant financial risks for companies and jeopardizes the stability of energy supply to budgetary institutions and other consumers.
The situation is extremely dynamic, as another case (No. 920/19/24) has now been referred to the Grand Chamber, which may change existing judicial practice.
In response to this systemic challenge, at the suggestion of the Club member, the company “Ukrgasresurs”, Energy Club is uniting the efforts of market participants to order an authoritative examination at the leading scientific institution of the country – the V.M. Koretsky Institute of State and Law of the NAS of Ukraine.
The purpose of the examination is to obtain scientifically based answers to 9 key questions that concern the most painful aspects of the problem: from the ratio of the norms of the Civil Code and special legislation on procurement to the limits of suppliers’ liability and the application of European legal norms.
“This legal conflict creates systemic risks not only for individual companies, but also for the entire energy security of the country. Suppliers have found themselves in a stalemate, where market price fluctuations are ignored, and any attempt to bring the contract into line with market realities may end in court. Our joint examination is an investment in legal certainty and market stability, which will protect the interests of both suppliers and consumers,” – Andriy Kostrytsia, President of Energy Club.
Energy Club is currently working to consolidate member companies to jointly finance this initiative. It is expected that the results of the expertise will become a strong argument in court cases and contribute to the formation of a uniform and fair law enforcement practice.
