The aforementioned decision of the Grand Chamber
Posted: Wed Jun 18, 2025 3:44 am
Obviously, does not take into account the specifics of the electricity market and the characteristics of the product.
It is a well-known fact that prices on the electricity supply market to consumers are "floating prices" that directly depend on the prices formed on the "day-ahead" market (hereinafter referred to as the DAM).
However, the DAM is a highly volatile market, where prices can change by tens of percent within a month, and it is extremely difficult for a supplier to predict price movements under such conditions.
In the above situation, changing the price in the electricity supply contract to the consumer is almost the only way to protect the supplier's economic interests, and it is precisely such a tool that is provided by the provisions of paragraph 2 of part five of Article 41 of the Procurement Law.
Therefore, the adoption of the aforementioned decision by the Grand Chamber may lead to the destruction special database of the market for the supply of electricity to consumers - customers, since it will be economically more expedient for suppliers not to participate in the relevant auctions than to incur losses from the inability to promptly respond to market trends and change the price of electricity.
* The specified decision covers the period BEFORE the introduction of martial law. During martial law, the specified issue is regulated by the Peculiarities of public procurement of goods, works and services for customers, provided for by the Law of Ukraine "On Public Procurement" (approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 12, 2022 No. 1178), according to which restrictions on increasing the price per unit of goods by up to 10 percent do not apply.
It is a well-known fact that prices on the electricity supply market to consumers are "floating prices" that directly depend on the prices formed on the "day-ahead" market (hereinafter referred to as the DAM).
However, the DAM is a highly volatile market, where prices can change by tens of percent within a month, and it is extremely difficult for a supplier to predict price movements under such conditions.
In the above situation, changing the price in the electricity supply contract to the consumer is almost the only way to protect the supplier's economic interests, and it is precisely such a tool that is provided by the provisions of paragraph 2 of part five of Article 41 of the Procurement Law.
Therefore, the adoption of the aforementioned decision by the Grand Chamber may lead to the destruction special database of the market for the supply of electricity to consumers - customers, since it will be economically more expedient for suppliers not to participate in the relevant auctions than to incur losses from the inability to promptly respond to market trends and change the price of electricity.
* The specified decision covers the period BEFORE the introduction of martial law. During martial law, the specified issue is regulated by the Peculiarities of public procurement of goods, works and services for customers, provided for by the Law of Ukraine "On Public Procurement" (approved by the Resolution of the Cabinet of Ministers of Ukraine dated October 12, 2022 No. 1178), according to which restrictions on increasing the price per unit of goods by up to 10 percent do not apply.