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Appeals court confirms Ukraine gas tariffs unjustified for past 2.5 years

Appeals court confirms Ukraine gas tariffs unjustified for past 2.5 years
9 of July 2019 г.
The Sixth Administrative Court of Appeal has upheld a ruling of Kyiv's District Administrative Court recognizing Cabinet of Ministers resolution No. 315 as unlawful and ineffective and has declared unjustified and illegal the tariffs for natural gas that have been in effect in the country for the past two-and-a-half years.

The appeals court made a respective decision on July 8, 2019, according to the Judicial and Legal Newspaper.

"On July 8, the Sixth Administrative Court of Appeal rejected appeals filed by the Ministry of Economic Development and Trade of Ukraine, the Cabinet of Ministers of Ukraine, the National Commission for State Regulation of Energy and Public Utilities, PJSC National Joint-Stock Company Naftogaz of Ukraine, Tamara Mykolaivna Shcherban, having upheld a Kyiv District Administrative Court ruling of March 4, 2019. Thus, the price for gas, which has been in place for two-and-a-half years in accordance with Cabinet of Ministers resolution No. 315, was declared illegal," the report reads.

The main argument of the unlawfulness of the said resolution for the court was the groundlessness and illegality of gas tariffs.

In addition, the court said in its ruling that the procedure for the adoption of the said resolution had been violated.

"The court noted in its decision that the resolution has been invalid from the moment of its adoption, which enables the subject of these legal relations to apply to the competent authorities or the court with the requirement to recalculate the tariff established by the decision that was subsequently found to be ineffective, for the whole period of its effect," the report reads.

A decision or ruling of an appeals court takes effect from the moment of its proclamation.



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