RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 25, 2006 No. 4/2960-14/263

About collection of the amounts

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 30.03.2006 it is refused to open production on review)

The Supreme Economic Court of Ukraine as a part of board of judges: Perepichy V.S. (chairman), Vovka I. V., Goncharuka P. A. having considered in proceeding in open court in Kiev the writ of appeal of Lvovoblenergo Open joint stock company on the resolution of the Lviv Economic Court of Appeal of 04.10.2005 on case on the claim of Lvovoblenergo Open joint stock company to Utility city children's clinical hospital, the third party - Management of health care Lviv city council about collection of the amounts.

Having heard explanations of the representative of the claimant, having checked case papers, having discussed arguments of the writ of appeal, court

ESTABLISHED:

In October, 2004 JSC Lvovoblenergo made in economic court the claim to Utility city children's clinical hospital for collection 13909, of 62 UAH of not counted electrical energy under the contract N62428 of 23.05.2001 for delivery of electrical energy.

(Judge Kitayeva S. B.) the claim was satisfied with the decision of economic court of the Lviv region of 13.04.2005 partially, 8717,08 of not counted electrical energy is collected from the defendant for benefit of the claimant.

The defendant appealed this decision in appeal procedure.

The resolution of the Lviv Economic Court of Appeal of 04.10.2005 (judges Kravchuk N. M. is the chairman, Gnatyuk G. M., Mirutenko O. L.), the petition for appeal was satisfied, the decision of economic court of the Lviv region of 13.04.2005 is cancelled, made the new decision by which it is refused the claim.

In the writ of appeal the claimant asks to repeal the resolution of the Lviv Economic Court of Appeal of 04.10.2005, and the decision of economic court of the Lviv region of 13.04.2005 to uphold, referring to violation of regulations of substantive and procedural law by Appeal Court.

The writ of appeal is not subject to satisfaction for the following reasons.

As it is established by court, according to the procedure of trial de novo,

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