Cabinet of Ministers of Ukraine has lost a court gas companies by the decision №647
April 10, 2015
The Cabinet of Ministers of Ukraine filed a cassation claim to the Supreme Administrative Court of Ukraine against PJSC "Natural Resources", LLC "East Geological Union", LLC "Cube-Gas", LLC "Tisagaz", LLC "Energy service company" Esko-Pivnich " PJSC "Neftegazdobycha" JV "Poltava gozoneftyanaya Company", LLC "Naftogaz-Alliance", PJSC "Dniproazot" and PJSC "Rovnoazot." It is reported single state register of court decisions Ukraine.
This step was taken by the government after the CMU lost the same thing in the two previous courts. The suit was the CMU from 11.26.2014, № 647 "On the procedure of procurement of natural gas industry, power generation and heat generating (in terms of industrial gas volumes) enterprises." Recall that in accordance with this Resolution, the Cabinet ordered all industries, including power generation facilities, buy gas only guaranteed supplier - "Naftogaz of Ukraine", and this document was prescribed to all gas distribution and transmission companies in the period from 01.12.2014 Mr. . on 02.28.2015, the transport gas for industry only on intensity.
After hearing the arguments presented, the panel of the Supreme Administrative Court of Ukraine, considered that the previous court decisions (Resolution number 647 which was canceled) were adopted without violating the law, and, consequently, the claim is not subject to the satisfaction of the CMU. Note that among the above-mentioned reasons illegality CMU led Themis violation of Art. 9 and 20 of the Law of Ukraine "On the basis of functioning of the natural gas market", in which the subject of the market has the right to free choice of gas supplier.
As a result, 31 March 2015, the Supreme Administrative Court of Ukraine rejected the annulment of the CMU, leaving industrial consumers the right to buy gas on the open market.
April 10, 2015