A resident of Dnipro demands DTEK to return 34,495 UAH that was collected from him – the court's decision.

A man paid DTEK an amount of 34,495 hryvnias in compliance with a court order. However, since the court order was later revoked, he is demanding that the company refund the amount. This is stated in the decision of the Babushkinsky District Court of Dnipro (the legal name of the court), published on December 9, 2024.

In compliance with court order No. 203/484/23 issued by the court, the man paid the amount of 34,495 hryvnias to JSC "DTEK Dnipro Electric Networks". Given that the aforementioned court order was annulled by the court's ruling on January 12, 2024, he deemed it necessary to file this claim in court based on the provisions of Article 1212 of the Civil Code of Ukraine.

A representative of DTEK submitted a rebuttal. It was indicated that the funds the man is seeking to recover were paid by him under a debt restructuring agreement, not in compliance with the annulled court order.

What was the court's decision?

The court denied the man’s claim. He chose an improper method to protect his rights.

"The Supreme Court in case No. 592/12956/21 dated March 22, 2023, regarding the refund of funds based on a court decision that was later modified/annulled, concluded that the appropriate method for protecting violated rights is to file a motion for the reversal of the enforcement of the decision. The plaintiff's choice of an improper method to protect his rights is an independent ground for denying the claim. This conclusion was articulated, in particular, in the rulings of the Grand Chamber of the Supreme Court dated January 19, 2021, in case No. 916/1415/19, February 2, 2021, in case No. 925/642/19, and June 22, 2021, in case No. 200/606/18. Considering that the acquisition of property (funds), as claimed by the plaintiff, occurred in connection with the enforcement of the court order that was annulled, the appropriate method for protecting violated rights is to file a motion with the court for the reversal of the enforcement of the court decision - the court order pursuant to Article 444 of the Civil Procedure Code of Ukraine," the court noted.