Debt collection from a state company under a tender agreement

 

The essence of the dispute
Our Client, having won the tender, entered into a contract for the supply of goods for the amount of 4.5 million hryvnias with SE NNEGC Energoatom. The delivery was made by the Client in full accordance with the terms of the contract. But there was a problem with payment.
The Client tried to fix the problem on his own. He met with the managers of Energoatom and even called the hotline of the Cabinet of Ministers. However, nothing helped and Energoatom did not pay the money.

The Client turned to us for help. We carried out some pre-trial preparation and filed a claim to the court to recover the debt together with 3% per annum and inflationary losses.

Work in court

SE NNEGC Energoatom objected to the claim in court and demanded to refuse us in full. They referred to the special terms of the contract. However, thanks to the pre-trial preparation carried out by our lawyers, and a careful study of judicial practise, we managed to convince the court that the claim must be satisfied in full. In addition, we managed to avoid unnecessary court hearings. Therefore, the case was won in three court sessions.

Case results

In the beginning, our Client was completely won by the first instance court. But SE NNEGC Energoatom filed an appeal. Despite this, we managed to achieve a complete victory in the court of appeal. The Court of Appeal upheld the decision of the first instance court. Soon after the decision of the Court of Appeal, the debt, along with the corresponding additional charges, was paid off. A competently constructed legal position helped our Client to return almost two million hryvnias!