09.04.2025
Today, April 9, Energy Club – the largest business community of energy companies in Ukraine – held a closed online meeting. The main topic of discussion was the critical legal consequences of the ruling by the Grand Chamber of the Supreme Court dated January 24, 2024 (case No. 922/2321/22) for the electricity market and the stability of energy supply.
The discussion was initiated by the club’s member company, Euro Trade Energy. The aforementioned Supreme Court ruling established that the total price increase for goods under a public procurement contract cannot exceed 10% over the entire term of the contract, regardless of the number of amendments.
Market participants emphasize that this restriction creates significant risks for the reliable supply of electricity to the public sector, especially under conditions of martial law and significant price volatility in the market. The situation is further complicated by the fact that the Commercial Cassation Court has already recognized the existence of an exceptional legal problem in a similar case (No. 920/19/24) and referred it to the Grand Chamber of the Supreme Court for the formation of a unified application practice (ruling dated January 29, 2025).
During the meeting, moderated by Energy Club Vice President Maksym Nemchynov, participants thoroughly analyzed the potential risks for their companies and budget-funded institutions, discussed possible legislative solutions to the problem, and shared experiences with litigation related to the application of the 10% limit.
Following the discussion, Energy Club is preparing a collective appeal on behalf of its member companies. The document will be sent to the Committees of the Verkhovna Rada of Ukraine on Legal Policy and on Energy, Housing and Utilities Services, aiming to protect the interests of the energy sector and ensure stable energy supply in the country.
