Law Firm “ANK” once again defended the interests of one of the major port operators of the port of Odessa during the consideration by the Supreme Court of a court dispute with the Administration of Sea Ports of Ukraine related to the application of a reduction coefficient of 0.7 to the rates of payment for services to provide access to berths for the purposes of grain cargo transshipment.
As we know, as of today port operators operate berths of domestic seaports on the basis of contracts with the Administration of Sea Ports of Ukraine for the provision of services to ensure access to berths, which are paid in accordance with the rates approved by the Ministry of Infrastructure of Ukraine.
These rates provide for the application of a reduction factor of 0.7 (in other words, a 30-percent discount) in the case of transshipment of grain cargo at specialized port terminals with the use of transshipment machines with the capacity of not less than 500 tons per hour.
A dispute arose between a large port operator handling grain cargoes at the port of Odessa and the ASPU regarding the application of this reduction factor.
In this regard, the law firm “ANK”, on behalf of and as instructed by the port operator, filed a lawsuit in the Commercial Court of Odessa region to recover from the ASPU the funds in the amount of approximately UAH 5 million, paid in connection with the refusal of the ASPU to apply this coefficient in the calculations of the parties on payment for access to berths during 2018.
As a result of intensive court battles and debates, our law firm’s team managed to convince the courts of all three instances, including the Supreme Court, of the correctness of our legal position in this dispute, and as a result, the claim of the port operator against the ASPU was satisfied.
At the same time, we also managed to recover from the defendant in favor of the client the expenses for legal assistance related to the support of this case, for a total amount of approximately UAH 130 thsd.
The ANK team in this case was represented by attorneys-at-law Oleksii Liuboshets’ and Dmytro Kolodiazhnyi, under the general management of the managing partner Oleksandr Kyfak.