Energoatom Won a Lawsuit Against Ukrenergo for Over 100 Million Hryvnias

The Kyiv Commercial Court ruled in favor of “Energoatom” in its case against “Ukrenergo” regarding a debt for electricity imbalances. The court ordered the power system operator to pay over 100.3 million UAH, including interest and court costs. The claim was granted almost in full—the court denied only the recovery of 2.74 UAH due to a calculation error.

 

As stated in the ruling of the Kyiv Commercial Court, the dispute between the companies arose over payment for electricity under an agreement to settle imbalances. The parties had signed the agreement back in April 2019. Energoatom filed a lawsuit because it had not received full payment from Ukrenergo for resources supplied in September–November 2025. The company sought to recover the principal debt, as well as additional amounts that had accrued due to delayed payments.

The court reviewed the claims and decided to grant them almost in full. In total, 101.16 million UAH is to be recovered from Ukrenergo. This amount includes:

• 92.49 million UAH — the principal debt for electricity imbalances;
• 2.06 million UAH — 3 percent annual interest for late payment;
• 5.76 million UAH — inflation-related losses;
• 847,840 UAH — court costs.

The only point on which the court disagreed with the plaintiff was the recovery of 2.74 UAH. This amount was excluded due to an arithmetic error in the calculations. The court found the rest of Energoatom’s claims to be justified.

Why the Debt Arose

The dispute centered on an agreement to settle electricity imbalances. Such imbalances occur when actual electricity generation or consumption differs from planned volumes. To maintain the stable operation of the power grid, these deviations must be settled, and the corresponding services and resources must be paid for.

In this case, “Energoatom” claimed that it had fulfilled its obligations and supplied the necessary resources, but “Ukrenergo” had not paid for them in full. This was the reason for the lawsuit. Representatives of Ukrenergo disagreed with the lawsuit and attempted to challenge the company’s claims. In particular, they cited the special regime governing bank accounts through which funds flow in the energy market. The defendant also insisted that adjustments made to the amounts should be taken into account during the settlement.

However, the court reviewed the documents and records provided by the parties and found no grounds to deny the debt collection. The ruling states that the adjustments do not negate the fact of the debt itself. Furthermore, Ukrenergo did not provide evidence that it had fully settled its accounts with Energoatom.

Can Ukrenergo appeal the decision?

The decision of the Kyiv Commercial Court can still be appealed. In other words, it does not yet mean that the funds have actually been transferred to Energoatom. An order for the compulsory collection of the funds will be issued once the decision becomes final. If no appeal is filed, or if an appeal does not change the outcome of the case, Ukrenergo will have to comply with the court’s decision and pay the specified amount of the debt.

Thus, the court of first instance found Energoatom’s claims to be valid and ordered Ukrenergo to pay over 101 million hryvnias. The final outcome of the case will depend on whether the defendant exercises its right to appeal. This is stated in the Commercial Court’s ruling.

Andriy Gerus, chairman of the parliamentary committee on energy, spoke of possible manipulation in the electricity market. According to him, due to the decision made during the October 27 auction, the state-owned “Energoatom” may have lost out on approximately 1.8 billion hryvnias. The lawmaker appealed to Prime Minister Serhiy Koretsky, demanding that he investigate the situation and take appropriate measures.

The supervisory board of JSC “NAEK ‘Energoatom’” has selected the winners of independent competitive selection processes for the positions of board members responsible for the company’s financial and legal operations. Anton Yakovenko will head the finance division, while Alona Perepelytsia will be responsible for legal matters.