The Supreme Court has granted the position of Legrant in the dispute with the USPA on recovery of unapplied 30% discount when port operators access the berthMay 28, 2018 · News
The Supreme Court of Ukraine made a point in a dispute between the USPA and Legrant's client – major port operator of Odessa seaport, on recovery of unapplied 30% discount on service for providing access to the berth for the port operators.
The Supreme Court confirmed that the USPA was obliged to apply the discount for the services, due to the fact that the right on application of 30% discount is directly provided under the order of Ministry of Infrastructure of Ukraine dd. 18.12.2015 No. 541, moreover it was also confirmed by a number of judgments on this matter. Furthemore, the forced overpayments in amount of the unapplied discount are the port operator’s losses, caused by improper performance of the duties by USPA.
Thus, the final judgment of the Supreme Court confirmed the right of the port operator on recovery of overpayments in the amount of the unapplied discount from USPA.