ANK successfully protected Ukrferry in the Supreme Court

ANK team represented Shipping Company “Ukrferry” in the Supreme Court that put the case in a lengthy dispute related to the only rail ferry complex in Ukraine.

In January 2021 LLC “AUTOLOGISTIKA” (an international freight forwarder specializing in transportation of new vehicles on taxi-cars) submitted a claim against Chornomorsk Sea Port and the Ministry of Infrastructure, where asked the court to oblige the Port to renew rendering of services under the Agreement. Later on, the Port and the Ministry have submitted a counter-claims, where they asked to recognize the Addendum to the Agreement as null and void because it has been executed with exceeding of powers and contained elements of the lease contract. As long as the subject of the Addendum was using of ferry complex in Chornomorsk Sea Port, the court has engaged the Shipping Company “Ukrferry” into the case because Ukrferry acts as “appointed enterprise” from Ukraine within inter-governmental treaties signed between Ukraine, Bulgaria and Georgia.

The case has been under examination during four years. Finally, as a result of examination of the cassation claim of “AUTOLOGISTIKA”, the Cassation Commercial Court of the Supreme Court has adopted the Resolution dd. 13.03.2025, whereby put the case and dismissed the claim of “AUTOLOGISTIKA” and remained in force the Resolution of the South-Western Appeal Commercial Court under the case No. 916/97/21. In aforesaid Resolution the Supreme Court has pointed out that courts should take into account the legal nature of the agreement, which does not depend on the name of agreement, but should be determined with taking into account the content of parties’ relationships.

ANK team has drafted the Statement of Defense on behalf of Ukrferry and written statements, which have been taken into account by the panel of judges. As a result of examination of the case the Court has dismissed the claim of Autologistika and remained the Resolution of Appeal Court in force.

ANK team within this case has been represented by the attorneys of maritime law practice Artem Volkov and Kostiantyn Moriakov under the general supervision of the Managing Partner, attorney-at-law Oleksandr Kyfak.