“Gazprom” on the eve of consideration of his appeal antitrust fine of $ 6.8 billion, which was imposed on the company by the Ukrainian regulator, to make the next move in the dispute with Ukraine over gas supplies. The company presented “Naftogaz of Ukraine”, which is already a year does not buy Russian gas, account for $ 5.3 billion for failure to take gas in 2016, according to the condition of take-or-pay. According to interlocutors of “Kommersant”, the monopoly could go on a temporary cancellation conditions take-or-pay, as has been reported earlier in the framework of the “winter package” in exchange for Ukraine giving up its antitrust penalty.
“Gazprom” put “Naftogaz” account for $ 5.3 billion in the condition of take-or-pay for the unselected contracted amount of gas in the second-fourth quarters of 2016. Given the fact that Ukraine ceased to buy Russian gas in November 2015, this amount is the full cost of the minimum amount of raw materials according to the contract of 2009. To pay the expense of Naftogaz owes within ten days. In the first quarter of 2016, the condition of take-or-pay temporarily not operated in the framework of the tripartite agreements with the Brussels “winter package”. Gazprom has sought in the Stockholm arbitration the payment of fines for gas not selected in 2013 and 2014. If the monopoly will claim and on the new account, which is most likely, in General, its claim to “Naftogaz” will increase to $ 37 billion.
In recent years, to increase the amount of claims under take-or-pay “Gazprom” reported in its reporting after the fact. So that the current public statement on the market as an attempt to exert pressure on Kiev. In particular, monopoly is trying to overturn the decision of the Ukrainian court, impose on Gazprom a fine of $ 6.8 billion in an antitrust case. Today, the Kiev economic court of appeal must examine the appeal of “Gazprom” on this issue. In December, Naftogaz expressed its readiness to resume purchases of Russian gas and wanted to sign a “winter package” (with the cancellation conditions take-or-pay), as in previous years. However, Gazprom to sign such an agreement refused. According to interlocutors “Kommersant”, the monopoly can change its position, if Ukraine refuses from the history of antitrust fines.
New talks on the issue are likely to pass in February. Record low stocks in the Ukrainian UGS (about 11.5 billion cubic meters at the beginning of January), consider in “Gazprom”, may not be enough for the country subject to cold winters. Yesterday “Naftogaz” reported that in February will begin the selection of $ 500 million of credit funds for the purchase of gas and could increase imports through the Slovak direction.
the Senior lawyer of legal firm Norton Rose Fulbright Andrey Panov doubt that in the current situation, “Naftogaz” will voluntarily pay the penalty for undrawn 2016 gas, so the question likely will be resolved in the Stockholm arbitration. Hearings on the case of a contract for the purchase of gas has already ended, and the referees took a break on the decision. “If the main hearing for this lawsuit is passed, the parties have disclosed all of the evidence and the referees went to the judgment, then at this stage it is impossible to declare new requirements and complete the lawsuit”,— said Mr. Panov. According to him, Gazprom will be able to file a new lawsuit if you decide to recover a corresponding amount.
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