Appeal court refused termination of “green tariff” contracts: client’s interests protected

The legal team of LESHCHENKO & PARTNERS successfully defended the client’s interests before the court of appeal, which fully dismissed the claim seeking termination of electricity supply contracts under the “green tariff”.

Within the framework of a civil dispute, an energy company — the purchaser of electricity — initiated termination of the existing contracts, referring to an ongoing criminal proceeding opened against the client. At the same time, the client’s guilt had not been established, and no court judgment had been issued.

In essence, the claim aimed to terminate contractual relations without proper legal grounds, relying on unverified allegations as justification.

The court of first instance upheld the claimant’s position, creating a risk of significant financial losses for the client. This decision was subsequently challenged on appeal.

The lawyers of LESHCHENKO & PARTNERS developed a defence strategy covering two parallel tracks:

Within the criminal proceedings, they proved the absence of a criminal offence and ensured the closure of the case.

Within the civil proceedings, they prepared an appeal, substantiating violations of substantive and procedural law committed by the court of first instance.

During the appellate review, the defence consistently demonstrated that:

— the client’s guilt had neither been established nor proven;
— the contracts did not provide for termination based on the existence of a criminal proceeding;
— unverified allegations cannot produce legal consequences;
— the first instance court’s decision was based on assumptions rather than proper and admissible evidence.

The court of appeal supported the legal position of LESHCHENKO & PARTNERS, overturned the decision of the first instance court, and fully dismissed the claim.

As a result, the contracts remain in force and the client’s economic interests have been protected.