The attorneys at FEDOTOV&PARTNERS, in legal cooperation with JUSCUTUM, have successfully protected the interests of their client, an electricity exporter.

Attorneys from FEDOTOV&PARTNERS, in legal cooperation with JUSCUTUM, successfully defended the interests of a client—an electricity exporter—and upheld their right to be exempt from paying electricity transmission fees to NPC UKRENERGO during export operations (Case No. 910/8188/21).

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Case background: Since 2021, NPC UKRENERGO had been applying a transmission tariff to the volume of electricity exported from Ukraine's power grid. The exporting company filed a lawsuit against NPC UKRENERGO, demanding an end to the practice of charging for electricity transmission services during exports and the removal of such charges from the primary documents used to invoice transmission services.

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The Commercial Court of Kyiv fully granted the claims against NPC UKRENERGO, the Northern Commercial Court of Appeal dismissed the defendant's appeal, and the Supreme Court, represented by a panel of judges from the Commercial Cassation Court, closed the cassation proceedings. Attorneys from FEDOTOV&PARTNERS and JUSCUTUM proved that charging for electricity transmission services violated the Law of Ukraine "On the Electricity Market," the agreement between the exporter and NPC UKRENERGO, as well as European energy legislation and the case law of the European Court.