RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of May 22, 2007

About claiming damages in the form of lost profit

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 26.07.2007 it is refused to open production on review)

Case No. 2/47-06

NAME OF UKRAINE

The Supreme Economic Court of Ukraine as a part of board of judges:

T.P.'s trump - the chairman, I.A., Stratiyenko L. V. Bun., with participation of agents of the parties: the claimant - Gopk V. M. Dov. of 24.02.2006, Dulskaya Yu. V. Dov. of 24.02.2006, Liskina N. M. Dov. of 24:02. 2006, Kasinyuka I. V., the defendant - O.V.'s Foi,

having considered in proceeding in open court in Kiev the writ of appeal of JSC Okhtyrsky Brewery on the resolution of the Kharkiv Economic Court of Appeal of February 7, 2007 in the matter of economic court of the Sumy region in the claim of JSC Okhtyrsky Brewery to the Ukrtekhnosintez company joint Ukrainian Belarusian in the form of Ltd company, 3-е person of JSC Kompresormash, about claiming damages in the form of lost profit, ESTABLISHED:

In January, 2006 JSC Okhtyrsky Brewery took a legal action with the action for damage to the Ukrtekhnosintez company joint Ukrainian Belarusian in the form of Ltd company.

Referring to delivery by the defendant of the low-quality equipment, asked to claim 276647 hryvnias of the loss caused in the form of lost profit.

Case was considered by courts repeatedly.

The claim is satisfied with the decision of economic court of the Sumy region of December 20, 2006 partially.

From the joint Ukrainian-Belarusian business "Ukrtekhnosintez" for benefit of JSC Okhtyrsky Brewery to claim 251768 hryvnias 00 kopeks of damages in the form of lost profit.

For the rest proceeedings are stopped.

By the resolution of the Kharkiv Economic Court of Appeal from 7 February, 2007 the judgment it is cancelled. The claim it is refused.

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