The Supreme Court recognized easement agreement as a legal basis for access to a berth

September 14, 2020 · News

On Tuesday, September 8, the Supreme Court of Ukraine put an end to the long dispute between the Ukrainian Sea Port Administration (USPA) and one of Mykolaiv port operators. The company had access to the berth under an easement agreement. But USPA considered that the document contradicted to antitrust legislation as well as to the interests of the state and suggested the special access to a berth service as an alternative. After a few vain attempts to cancel the agreement through negotiation USPA filed a lawsuit against the port operator. Legrant’s experts represented the interests of the operator before the court.

During the trial, the courts of first and appellate instance recognized that there were no legal grounds for terminating the easement agreement and refused to satisfy the requirements of the USPA. Nevertheless, the state-owned enterprise continued the struggle, which resulted in hearings in the Supreme Court. The higher authority once again confirmed the groundlessness of the claims of the USPA and upheld the agreement.

“This case once again proves that it is impossible to fill the budget by any means. If the port operator gets access to the berth on a legal basis, any attempts to impose a more expensive service on it end in litigation and justice”, Tatyana Titarenko Managing Partner at Legrant said.