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RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 19, 2006 No. 2-14/1954-2005

About recognition invalid agreements regarding electrical supply to residential customers

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 23.03.2006 it is refused to open production on review)

The Supreme Economic Court of Ukraine as a part of board

the chairman - Ostapenko M. I. judges: Bordenyuk E. M.,

Harchenko V. M. having considered the writ of appeal of the Simferopol state lesookhotnichy farm on the resolution of the Sevastopol Economic Court of Appeal of 16.06.2005 on case on the claim of the Simferopol state lesookhotnichy farm to JSC Krymenergo on behalf of the Simferopol city power network about recognition invalid agreements regarding electrical supply to residential customers ESTABLISHED:

In September, 2004 Simferopol state to lesookhotnichya the economy took a legal action with the invalidation action of the delivery agreement of electrical energy N668 signed with JSC Krymenergo of 01.01.1982 regarding power supply of residential customers, referring to the conclusion of this agreement owing to deception from the supplier, illegality of assignment of obligation on it to provide electrical supply to residential customers and need of the conclusion by the defendant of delivery agreements of the electric power with each residential customer separately.

The letter of N438 of 05.11.2004 the claimant added the claim with requirements about obligations of the defendant to sign with it the delivery agreement of electrical energy without residential customers.

The statement of 10.02.2005 the claimant changed N82 the requirements and asks the agreement N668 to change of 01.01.1982, having excluded from it conditions about power supply of other consumers.

By the decision of economic court of the Autonomous Republic of Crimea of 24.03.2005 satisfaction of the claim it is refused.

By results of reconsideration of the case in appeal procedure the plaintiff's application is left by the resolution of the Sevastopol Economic Court of Appeal of 16.06.2005 without satisfaction, and the decision of economic court of the first instance - without changes.

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