36,000 UAH damage for spoiled products in the refrigerator due to power outage: court gives the "green light" to the case against Kharkivoblenergo
The Kharkiv Court of Appeal canceled the return of the claim for compensation for damage caused by the power outage.
Case circumstances
The plaintiff applied to the Slobidsky District Court of Kharkiv city with a claim against the Joint Stock Company "Kharkivoblenergo" for compensation of property and moral damage caused by the disconnection of the electrical installation and restoration of electricity supply services.
By the ruling of the Slobidsky District Court of Kharkiv city dated January 20, 2026, the claim was left without movement. By the ruling dated February 17, 2026, the claim was again left without movement. By the ruling dated February 25, 2026, the claim was returned to the plaintiff.
In the appeal, the plaintiff requested to cancel the court ruling dated February 25, 2026, citing its groundlessness and stating that she had submitted an application eliminating all deficiencies identified by the court of first instance.
Court decision
The Kharkiv Court of Appeal considered case No. 638/24707/25 under Article 369 of the Civil Procedure Code of Ukraine without notifying the parties and issued a ruling satisfying the plaintiff's appeal.
The court canceled the ruling of the Slobidsky District Court of Kharkiv city dated February 25, 2026, on the return of the claim and sent the case back to the court of first instance for further consideration.
The court found that the conclusions of the first instance court regarding the plaintiff's failure to eliminate the deficiencies in the claim, particularly concerning the statement of circumstances justifying the claims and the indication of evidence, do not correspond to the factual circumstances of the case and the requirements of the law.
According to Article 175 of the Civil Procedure Code of Ukraine, the claim must contain a statement of circumstances on which the plaintiff bases their claims and an indication of evidence supporting these circumstances. The plaintiff, in clarifications to the claim and attached materials (photos and videos on a flash drive), specified the particular circumstances of property damage amounting to 6,000 UAH (spoiled food products and a musty refrigerator) and moral damage amounting to 30,000 UAH, as well as provided proof of payment of the court fee.
The appellate court noted that according to part one of Article 189 of the Civil Procedure Code of Ukraine, during the preparatory court session, the court finally determines the subject of the dispute, the nature of the disputed legal relations, and the claims. Therefore, returning the claim due to insufficient specification of the claims is unfounded.
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