CMS Kyiv has successfully represented Fresenius Medical Care Ukraine in a commercial dispute against a public healthcare provider before the Ukrainian Supreme Court.
Fresenius Medical Care provides products and services for individuals with renal diseases. The company operates hemodialysis treatment centers in two Ukrainian regions within a state-funded program, offering services for patients whom public healthcare providers are incapable of treating.
According to CMS, the treatment was provided under separate agreements between Fresenius Medical Care Ukraine and each public hospital, concluded within public procurement procedures. "Due to the failure of hospitals to initiate public procurement procedures in a timely manner, there were gap periods when the services were provided but were not covered by written agreements. While Fresenius Medical Care was obliged under Ukrainian law to continue treating the patients, the hospitals refused to pay for these services," the firm informed.
Fresenius Medical Care filed claims against five hospitals to recover payments during the gap period. Following the judicial proceedings in different instances of the courts, the Supreme Court ruled in favor of the company.
According to CMS, "the Supreme Court’s decision sets out positive practice for several identical cases concerning Fresenius currently being considered in courts of different instances."
The CMS team was led by Partner Anna Pogrebna and Counsel Oleksandr Protsiuk and included Associate Diana Valyeyeva.