Centragas Confirms Commencement of Proceedings Under Energy Charter Treaty in Relation to Expropriation by Naftogas of 11 bcm of Gas Owned by RosUkrEnergo
Centragas confirms that it has written to the Ukrainian Government to commence the process towards a claim under the Energy Charter Treaty relating to the expropriation in January 2009 of 11 billion cubic metres of gas by Naftogas, the Ukrainian State Energy Monopoly, which is 100% owned and controlled by the Ukrainian Government.
This 11bcm of gas is owned by Rosukrenergo (RUE), a joint venture company 50% owned by Centragas and 50% by Gazprom. At the time of its expropriation, this gas was being held in storage in Ukraine by RUE pending transit and supply of the gas to RUE's customers in Europe.
Advice received by Centragas from senior international law firms on this matter confirms both that Centragas, as the 50% investor in RUE, has the legal right to proceed with this claim under the Energy Charter Treaty, and that the claim can be brought directly against the Ukrainian Government in its capacity as the 100% owner of Naftogas.
The Energy Charter Treaty to which Ukraine is a signatory and therefore bound by its terms provides for a period of 3 months of consultation between the parties. Centragas is looking forward to receiving a response from the Ukrainian Government together with contact details so these discussions can start.
David Brown
CEO
Centragas Holding AG