The Supreme Court put an end to them

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Price changes in electricity supply contracts.


What are the consequences of adopting this decision and what impact will it have on the market for supplying electricity to consumers - customers?

On January 24, 2024, the Grand Chamber of the Supreme Court adopted a decision in case No. 922/2321/22 on the prosecutor's claim against the energy supplier to declare invalid the additional agreements to the contract for special database the supply of electricity to the consumer, concluded as a result of public procurement on the Prozorro website.*

What are the consequences of adopting this decision and what impact it will have on the market for supplying electricity to consumers - customers who are obliged to purchase electricity in accordance with the Law of Ukraine "On Public Procurement" (hereinafter - the Law on Procurement, Law No. 922-VIII) - we will consider in our article.

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It should be noted right away that the entire decision is based on the study and interpretation of the provision of paragraph 2 of part five of Article 41 of the Procurement Law, according to which the essential terms of a procurement contract cannot be changed after its signing until the parties have fulfilled their obligations in full, except for the case of an increase in the price per unit of goods up to 10% in proportion to the increase in the price of such goods on the market in the event of fluctuations in the price of such goods on the market, provided that such a change does not lead to an increase in the amount specified in the procurement contract - no more than once every 90 days from the date of signing the procurement contract. The restriction on the terms of changing the price per unit of goods does not apply in cases of changing the terms of the contract for the purchase of gasoline and diesel fuel, gas and electricity.