- High Commercial Court of Ukraine
LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - SUPPLY CONTRACT - BETWEEN AN UKRAINIAN COMPANY AND AN UKRAINIAN CITY COUNCIL - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (UKRAINIAN LAW)
HARDSHIP - REFERENCE TO ART. 652 OF THE UKRAINIAN CIVIL CODE AND TO ART. 6.2.1 OF THE UNIDROIT PRINCIPLES
Claimant, a Ukrainian company, entered into a contract with Respondent, a Department of Transport and Communications of an Ukrainian city, regarding the supply of passenger trolleys (hereinafter “Contract”). When subsequently the relevant exchange rates substantially changed, Claimant filed a suit asking for a price revision due to hardship.
The Contract was governed by the Ukrainian law.
The High Commercial Court of Ukraine rejected the claim in its entirety, on the ground that in the case at hand the conditions required by Ukrainian law to grant the request for a price revision are not fulfilled. In reaching this conclusion the Court relied on article 652 of the Civil Code of Ukraine and referred to, among other things, on the UNIDROIT Principles of International Commercial Contracts, specifically on article 6.2.1 "Contract to be observed", according to which if a performance of the contract becomes more burdensome for one of the parties, that party is nevertheless bound to perform its obligations.
Original in Ukrainian available at the Unified State Register of Court Decisions: http://www.reyestr.court.gov.ua/}}