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.
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.
Decision of Arbitration Court of Kiev of 12:07. 2000, the resolution of Arbitration Court of Kiev left without changes of 02.11.2000 and the resolution of the Kiev Economic Court of Appeal of 04:04. 2002, the property right of the claimant to natural gas in number of 305 million cubic meters which was delivered to them in gas-transport systems of the defendant is recognized and obliged the defendant to deliver natural gas in number of 305 million cubic meters to consumers of Ukrenergosbyt Ltd on its specifying. Regarding recognition invalid partially acts of acceptance transfer of natural gas proceeedings are stopped as these claims are not subject to consideration in Arbitration Courts.
Judgments are motivated with validity of claims, in particular the contracts provided to court, the agreement and acts of acceptance transfer of natural gas which undoubtedly determine the fact that by the claimant to gas-transport system of the defendant it is transferred to 418 million cubic meters of gas. On specifying of the claimant, to consumers it is transferred 113 million cubic meters of gas. The remaining balance unused the claimant of gas, being plaintiff's property and being at the disposal of the defendant, constitutes 305 million cubic meters.
Resolution of the Supreme Economic Court of Ukraine of 25.07.2003 decision of Arbitration Court of Kiev of 12:07. 2000, the resolution of Arbitration Court of Kiev of 02.11.2000 and the resolution of the Kiev Economic Court of Appeal is repealed of 04.04.2002, is refused satisfaction of the claim.
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