of February 14, 2007 No. 17/32
About recognition of the property right to natural gas and duty to deliver this gas
(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 19.04.2007 it is refused to open production on review)
The highest economic to court of Ukraine as a part of board of judges:
the chairman - Nevdashenko L. P.
judges: Vladimirenko S. V., Dunayevskoy N. G. having considered in proceeding in open court the application of Ukrenergosbyt Private company, Kiev for review of the resolution on the new revealed circumstances of 25.07.2003 of the Supreme Economic Court of Ukraine in the matter of economic court of N17/32 of Kiev in the claim of Ukrenergosbyt Private company, Kiev to National Joint Stock Company Naftogaz of Ukraine Ukrtransgaz Subsidiary company, Kiev about recognition of the property right to natural gas of 305 000 000 CBM and about duty to deliver this gas
with the participation of agents of the parties:
from the claimant - Osipenko D. O.
from the defendant - Quickly N.M., Samoylenko K. V., I.YU's Bone.
ESTABLISHED:
The Ukrenergosbyt private company declares the claim to Ukrtransgaz Subsidiary company of National joint stock company "Neftegaz of Ukraine" recognition partially invalid acts of acceptance transfer of natural gas and recognition of the property right to natural gas.
In reasons for the claim Ukrtransgaz Ltd refers to the signed contracts and the agreement with the defendant under which it it was purchased and transferred to the defendant for transportation of 418 million cubic meters of natural gas, from which 113 million cubic meters on instructions of National Joint Stock Company Naftogaz of Ukraine Ukrtransgaz Subsidiary company are transferred to consumers, and 305 million cubic meters remained unused in gas-transport system of the defendant.
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