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CMS Successful for Fresenius Medical Care Ukraine before Supreme Court

CMS Successful for Fresenius Medical Care Ukraine before Supreme Court

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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.

Ukraine Knowledge Partner

AVELLUM is a leading Ukrainian full service law firm with a key focus on Finance, Corporate, Dispute Resolution, Tax, and Antitrust.

Our aim is to be the firm of choice for large businesses and financial institutions in respect of their most important and challenging transactions.

We build lasting relationships with our clients and make them feel secure in new uncertain economic and legal realities.

We incorporate the most advanced Western legal techniques and practices into our work. By adding our first-hand knowledge, broad industry experience, and unparalleled level of service we deliver the best results to our clients in their business endeavours. Our partners are taking an active role in every transaction and ensure smooth teamwork.

AVELLUM is recognised as one of the leading law firms in Ukraine by various international and Ukrainian legal editions (Chambers, The Legal500, IFLR1000, The Ukrainian Law Firms, and others).

Firm's website: www.avellum.com

 

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