Altelaw & Sempra successfully defended the interests of its client, the renewable energy producer LIGHTDAY LLC, in a dispute with the National Energy and Utilities Regulatory Commission (NEURC) regarding the legality of a ₴1.7 million fine.
The Sixth Administrative Court of Appeals, following the appellate proceedings in case No. 320/36007/23:
– satisfied the appeal filed by LIGHTDAY LLC;
– overturned the ruling of the Kyiv District Administrative Court dated February 20, 2025;
– issued a new judgment that fully satisfied the claim and declared NEURC’s resolution on imposing the fine unlawful and canceled it.
By a ruling dated September 4, 2025, the Supreme Court denied the opening of cassation proceedings on NEURC’s cassation appeal against the judgment of the Sixth Administrative Court of Appeals dated July 1, 2025, in case No. 320/36007/23.
Thus, the decision in favor of the client became legally binding.
During the appellate review, the Altelaw & Sempra team proved that the Regulator failed to adhere to the principles of proportionality and due justification of the sanction, as it did not provide convincing reasons for imposing the fine in that specific amount. Additionally, when holding the company liable, the Regulator failed to account for the specifics of RES producers’ activities and the absence of any negative impact of the client’s actions on the market.
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