of January 25, 2007 No. 4/112-22/21
About settlement of disagreements which arose in case of the conclusion of the contract for transfer of electrical energy
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 22.03.2007 it is refused to open production on review)
The Supreme Economic Court of Ukraine as a part of board of judges:
Chairman: Kocherova N. O.
judges: The fisherman V.V., Cherkashchenko M. M. the Lviv Economic Court of Appeal on case N4/112-22/21 of economic court of the Lviv region on the claim of Lvovoblenergo open joint stock company to the Lviv city utility company "Lvovteploenergo" about settlement of disagreements which arose in case of the conclusion of the contract for transfer of electrical energy local (local) power supply networks between the supplier of electrical energy on non-regulated rate and the electrotransferring organization considered the writ of appeal of Lvovoblenergo open joint stock company on the resolution of 16.10.2006,
with the participation of agents of the parties:
from the claimant
from the defendant
ESTABLISHED:
In January, 2006 the Lvovoblenergo open joint stock company appealed to economic court with the claim to the Lviv city utility company "Lvovteploenergo" for settlement of disagreements which arose between the parties in case of the conclusion of the Agreement on transfer of electrical energy local (local) power supply networks between the supplier of electrical energy on not settled rate and the electrotransferring organization. Asked to state pct 2. 2, 2.7, 5.1, 6.2.7, 10.3, 10.4 of the agreement in the editorial office JSC Lvovoblenergo.
In reasons for claims specified that according to the p. 7 of Art. 276 of the Economic code of Ukraine payment of energy which is released, performed, as a rule, in the form of advance payment. As agreed by the parties planned payments with the subsequent recalculation or payment which is performed for actually released energy can be applied.
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