Court rejects Gazprom`s appeal over Ukraine`s claim of UAH 172 bln fine

The Supreme Economic Court of Ukraine ruled to reject the cassation appeal by Russian energy giant Gazprom on canceling the Antimonopoly Committee`s decision to recover from Gazprom a UAH 171.932 billion fine, according to the committee`s press service.

”Today, the Supreme Economic Court refused to satisfy the cassation appeal by PJSC Gazprom against the decision of the Kyiv economic court of Dec 05, 2016, and the decision of the Kyiv Economic Court of Appeal of Feb 22, 2017, which obliged Gazprom to pay to the budget a fine and penalties totaling UAH $171.932 billion,” the press service said.

As UNIAN reported, in January 2016 the AMC billed Gazprom with a fine of about UAH 86 billion (some $3.4 billion) for abusing monopoly position in the domestic gas transit market. The decision was made as part of the execution of the government`s instruction, as well as in the light of the official accusations of the European Commission put forward against Gazprom in connection with its dominant position in the markets of Central and Eastern Europe, which violates EU antitrust laws.

On April 12, 2016 Gazprom decided to challenge this decision by filing a lawsuit with the Economic Court of Kyiv. However, the court rejected the claim.

Since the fine was never paid, the AMC later filed a lawsuit with the Economic Court of Kyiv with a request to enforce fines and penalties, as well as to recognize the obligation to stop violations of the antitrust legislation.

Late February 2017, the Kyiv Economic Court of Appeal upheld the decision of the Kyiv City Court to satisfy the claim of the AMCU.

Gazprom`s cassation was based on the decision of the appellate instance.

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