The economic court of Kiev on Monday, 21 November 2016, postponed consideration of the claim of the Antimonopoly Committee of Ukraine (AMCU) to recover from the Russian monopoly «Gazprom» fines and penalties on 172 billion on 5 December 2016.
About it reports «Interfax-Ukraine».
Consideration of the claim pending in order for the parties have reviewed with additional material provided by them on the merits of the dispute.
As reported, 25 Jan AMC has decided to fine the PJSC «Gazprom» on
85,966 billion UAH (about us $ 3.3 billion) for «violation of economic competition in the form of inactivity, which consisted in failure to take measures to ensure that services in transit of natural gas through pipelines via Ukraine on reasonable terms and would be impossible in the conditions of considerable competition on the market, and has led to infringement of interests of «Naftogaz of Ukraine» in the form of abuse of monopoly (dominant) position on the market of services on transit of natural gas through pipelines in Ukraine as the buyer.»
As stated then in «Gazprom», the AMC supposedly has no powers in the sphere of regulation of transit of gas through Ukraine, but at the last possible filing day — April 12 — has registered a lawsuit in Kyiv Economic court to invalidate the Committee’s decision.
The economic court of Kiev by the decree of 13 April returned without consideration the claim of «Gazprom» on appeal the fine. The reason for the refund was improper execution of the statement of claim, namely, the failure of evidence of the authority of the person signing the claim.
«Gazprom» appealed to the Kyiv economic court of appeal, which by decision dated may 18, upheld the decision of the court of first instance unchanged.
In addition, the «Gazprom» on June 7 filed an appeal in the Supreme economic court of Ukraine, which is July 13, refused to satisfy complaints of «Gazprom», leaving in force the decision of the trial court and the appellate court.
According to the head of AMKU Yury Terentyev, his Committee will go to court for penalties imposed on the Russian «Gazprom» of a fine in the amount of 86 billion UAH after «Gazprom» will exhaust all possibilities for appeal against decisions of the AMCU in the Ukrainian courts.
Definition of 13 September, the panel of judges of the chamber in economic Affairs APU refused to accept the claim of «Gazprom» on revision of the decision of the Supreme economic court on the dispute of the Russian gas monopolist with the AMC.
October 5, AMC has already made the claim about compulsory collecting with the Russian monopoly 86-billion dollar fine.
The AMC in addition to the fine demands from «Gazprom» a total of 172 billion UAH, including a penalty and a penalty for its untimely payment.
The economic court of Kiev postponed for December 5, consideration of the claim of the AMC for collection of 172 billion from Gazprom 21.11.2016