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Successful collection of the inter-tariff difference

21 января 2020

Nadmitov, Ivanov and Partners successfully represented the interests of a large energy company - the plaintiff in a lawsuit in the 8th Arbitration Court of Appeal, located in Omsk, in the case of recovering from the regional Department of Tariffs for Compensation of Lost Income of a as a result of the inter-tariff difference in payment for utility resources: water disposal, hot and cold water supply in the amount of more than 22.5 million rubles.

The court of first instance refused to satisfy the stated requirements, motivating the decision by a violation of the procedure for obtaining a subsidy to compensate for the inter-tariff difference. The Court of Appeal overturned the decision of the first instance court, accepting our arguments that the resource supplying organization did not have an objective opportunity to apply to the tariff authority in the specified reporting period for receiving a subsidy, the failure of the resource supplying organization to comply with the procedure for applying for a subsidy does not affect the client's right to compensation for losses, compensation for losses is not made dependent on compliance with any conditions, but is reimbursed in connection with the very fact of the supply of resources at preferential rates.

Nadmitov, Ivanov and Partners regularly represents clients on the issues of electricity, heat and water supply and tariff regulation.

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