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Ministry of infrastructure of Ukraine Ukrainian State Air Traffic Services EnterpriseSafety. Efficiency. Responsibility |
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| News |
| 13th August 2020 |
| UkSATSE reaches contract conclusion with UIA on its own terms |
The court has granted the appeal of UkSATSE and recognized the Contract on the Provision of Air Navigation Services for 2019 between Ukrainian State Air Traffic Services Enterprise and Ukraine International Airlines (UIA) as concluded.
This was announced by Slidstvo.Info with reference to the judgment of Pivnichnyi Economic Court of Appeal.
Previously, UIA refused to sign this Contract proposing to change some of its clauses.
UkSATSE insisted that they conclude standard contracts with all air carriers. In order to settle disagreements with UIA, the state enterprise sued.
In the first instance, the Court granted the claim of UkSATSE in part, but recently the Court of Appeal upheld the demands of the state enterprise in full.
According to Volodymyr Yemelianov, acting head of the legal department of UkSATSE, Pivnichnyi Economic Court of Appeal rendered its judgement on August 11.
At the beginning of 2019, UIA refused to sign the Contract on the Provision of Air Navigation Services with UkSATSE due to allegedly discriminatory conditions. In its comments, UIA proposed, inter alia, that UkSATSE conduct an annual inventory, estimate the costs involved in providing air navigation services and establish the unit rates of air navigation charges.
In addition, the air carrier proposed to separate the associated costs of the state enterprise from the purely air navigation costs, to hold regular consultations with customers and to review the unit rates of air navigation charges on customers’ request.
“The Court confirmed with this Ruling the correctness of UkSATSE's position according to which the Contract on the Provision of Air Navigation Services is a public contract of accession, i.e. a standard one for all air carriers,” Yemelianov said.
It should be noted that UIA, one of the beneficiaries of which is considered to be businessman Ihor Kolomoiskyi, owes about 1.3 billion hryvnias to the national air navigation provider UkSATSE. This is a third of the annual income of the state enterprise for the services provided.
In total, courts of various instances are currently hearing about a dozen cases involving UIA and UkSATSE.
According to the acting head of the legal department of UkSATSE, UIA's debt for 2019 is about 500 million hryvnias.
The new Ruling of Pivnichnyi Commercial Court of Appeal seems to allow the state enterprise to more effectively defend its interests in court.
“The Court in this case actually deprived UIA of one of the tools for non-payment of outstanding air navigation charges and brought the rest of the legal disputes with a similar subject to a logical conclusion - the payment,” said the representative of UkSATSE.
Ekonomichna Pravda, August 13, 2020
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