The business court of appeals in Kyiv has obliged the State Railway Administration of Ukraine (Ukrzaliznytsia) to pay Hr 100 million to the national budget, the press service of the court has reported.
The press service said that the Antimonopoly Committee of Ukraine has filed a claim against Ukrzaliznytsia to collect Hr 122.5 million for the national budget.
The committee filed the claim to the court due to the following actions of Ukrzaliznytsia: railways are obliged to include in the carriage documents required for shipping grain of Nibulon LLC to the Mykolaiv-Vantazhny station a statement on the shipment of grain for export (including the crossing of the Ukrainian state border). This resulted in the larger tariff being incurred without any valid reason, which is in violation of the law on protecting economic competition in the form of abuse of monopoly on the national market, which led to the interests of other companies becoming impaired.
A fine of Hr 100 million was imposed on the defendant.
The business court of Kyiv upheld the decision in case No. 910/16430/14. However, Ukrzaliznytsia filed a counterclaim to the business court of appeals in Kyiv.
“However, after studying the proofs in the case and hearing the arguments of the conflicting parties, the judges of the court came to the conclusion that the committee’s demands were legal and fair,” the court said.
Earlier, Ukrzaliznytsia said the conflict was due to the fact that grain was not shipped by rail to the grain terminal of Nibulon in Mykolaiv, which is the international checkpoint for maritime traffic.
