Dispute for 11 billion cubic meter of gas between RosUkrEnergo and NAK Naftogaz Ukrainy will be solved in the International Courts of Justice. Yesterday the Swiss trader appealed with the claim to the Stockholm arbitration court, having demanded return of 11 billion cubic meter of gas or compensation of its cost.
In the claim in the Stockholm arbitration court which RosUkrEnergo (RUE) directed yesterday, the company asks to begin trials concerning NAK Naftogaz Ukrainy and to oblige it to return 11 billion cubic meter of the gas, cleared by the Ukrainian monopoly. "We addressed with the preliminary requirement to return gas, but we also can demand to pay it for the prices at which it could be sold in the European Union countries", - reported the high-ranking source in RUE. By data "Gazprom", gas price in domestic market of Poland and Hungary where RUE works, in January - February reached $500-550 for one thousand cubic meter. We will note that it any more the first judicial claim submitted RUE. On February 2 and 5 claims were submitted to other European courts in connection with refusal of "Naftogaz" to deliver gas of the Swiss company from the Ukrainian underground storages.
The conflict for disputable 11 billion cubic meter of gas began after signing the prime minister - the minister Yulia Timoshenko on January 22 agreements with "Gazprom". Then the NAK Naftogaz Ukrainy demanded from "Gazprom" to provide its 4,5 billion in cubic meter of the cheap gas necessary for preservation of a low rate on transit of the Russian fuel through the territory of Ukraine. In reply "Gazprom" conceded to "Naftogaz" the right of the requirement from RUE of $1,7 billion in the form of financial means or in the form of 11 billion cubic meter of gas (for $154 for one thousand cubic meter). Later, referring to the right of the requirement, "Naftogaz" sold this gas to "Gazprom", and that, in turn, - NAK. It gave the chance to obtain customs clearance for gas and to begin its sale in Ukraine.
Press - the secretary of NAK Naftogaz Ukrainy Valentin Zemlyansky specified yesterday that process of a customs clearance of disputable gas proceeds. "Today, proceeding from contracts available for us, "Naftogaz" has the full right to carry out actions with that gas which is at it on balance.Its most part already was cleared, respectively, I don't see any problems with its use or realization", - mister Zemlyansky told.
Lawyers estimate chances of RUE of a victory in the International Court of Justice as high, but to execute the arbitration decision in Ukraine, in their opinion, will be difficult. "Procedure of alienation of gas is broken - contrary to the Swiss legislation, the decision on its sale was signed only by one of directors of RUE (representing interests of "Gazprom" which possesses 50% of the company), and it is necessary two (other actions belong to the Ukrainian businessmen Dmitry Firtash and Ivan Fursin), - the partner of Legal Partners law firm Andrey Domansky speaks. - But the decision of the international arbitration court needs to be confirmed in the Ukrainian vessels. Without it at most, on what can count RUE, is an arrest of property of "Naftogaz" abroad". Among "Naftogaz" assets abroad only licenses for oil and gas production in Egypt, Libya and the United Arab Emirates where decisions of the International Courts of Justice have no direct force, are noted by lawyers.
Meanwhile the Cabinet of Ministers was engaged in search of the cheap gas necessary for transit of the Russian fuel. In the letter of February 7 the prime minister - the minister Yulia Timoshenko appealed to the president of European Commission José Manuel Barroso to promote that the European oil and gas companies sold NAK Naftogaz Ukrainy of 4,5 billion cubic meter of the technological gas necessary for transit of 120 billion cubic meter of the Russian gas in the European Union countries. As the source in department of oil, gas and oil processing of Ministry of Fuel and Energy, gas price which Ukraine expects from the European suppliers told, shouldn't exceed $160 for one thousand cubic meter. In European Commission representation in Ukraine and a press - service of Cabinet of Ministers on the address the prime minister - the minister yesterday didn't begin to make comments.