The panel of the HACC judges refused to close the criminal proceedings against the participants in the "Rotterdam+" case, when electricity consumers overpaid more than UAH 39 billion.
This was reported by the HACC press service.
In its petitions, the defense pointed to a violation of the principle of non bis in idem, as well as to the grounds specified in para. 9-1, 10 h. 1 art. 284 of the CPC of Ukraine.
After hearing the arguments of the parties, the court supported the position of the SAP prosecutor and refused to grant the requests of the defense.
"Rotterdam+" case
The "Rotterdam+" formula has been used by the NCRECP since April 2016. It set the tariff for thermal power plants based on the average price of coal at import parity for the last year. After that, electricity prices increased — the tariff in Ukraine was tied to the price of coal on the commodity exchanges of the Netherlands. In March 2017, NABU began to investigate the conspiracy during the implementation of the Rotterdam+ formula.
According to the investigation, "Rotterdam+" had expenses that did not actually exist, namely, for the transportation of coal from the national producer to thermal power plants from the port in Rotterdam. As a result, end consumers overpaid more than 39 billion hryvnias during 2016-2019.
In September 2022, the investigation of the first episode of the "Rotterdam+" case, based on the suspicion of six persons involved, was completed. In January 2023, the National Anti-Corruption Bureau of Ukraine and the Specialized Anti-Corruption Prosecutorʼs Office completed the investigation of the second episode of suspicion against 15 people in the case.
In October 2023, the Higher Anti-Corruption Court closed the "Rotterdam+" case, but already in December the decision was canceled and returned to the first instance. And in February, HACC combined both episodes of the case into one proceeding.
In April 2024, HACC released the two defendants in the case from liability due to the fact that the statute of limitations had expired.
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