The team of judicial practice attorneys of DEGA Partners Attorneys’ Association headed by the Association’s Counsel, PhD in Law, attorney Kateryna Brodska defended the interests of WILO Ukraine (the Plaintiff) in a commercial court in a dispute over recovery of overpayment for gas consumption in the amount of UAH 500,000 from a gas supplier (the Defendant).
In the court proceedings, despite the Defendant’s position that it had no obligation to pay the amount claimed for recovery due to the absence of an agreement between the Parties to terminate the principal Agreement, the Plaintiff managed to prove:
The court, among other things, rejected the Defendant’s objection regarding the failure to enter into the supplementary agreement to terminate the Gas Supply Agreement (due to the absence of the seal of WILO Ukraine Limited Liability Company), since affixing a seal is not a mandatory element when entering into a transaction. Moreover, the court stated that an entity who failed to affix the seal (WILO Ukraine Limited Liability Company) did not deny the fact of entering into the said supplementary agreement, and therefore any objections of the Defendant in this regard are groundless.
The German concern WILO is one of the world’s leading manufacturers of energy-saving pumping equipment for industrial, municipal and household water supply, heating and sewerage. The history of the concern dates back to 1872, and today WILO has more than 60 representative offices around the world and 7,600 employees. WILO’s representative office in Ukraine was founded in 1998, and in 2012, the Сompany opened its own office in Chaiky Village, Kyiv Oblast (Province).