(Tiper Stock Exchange) – Last act in the story which saw opposing l‘Antitrust and different electricity distribution companyin relation to cancellations and review of the economic conditions of the supply contracts to customers. A story about which it is the Council of State intervenedcalled into question by the appellant energy companies, ordering the validity of those that have already reached their natural maturity (annual deadline) e the irregularity of the cancellations given earlier expiry, due to the freezing established by a rule included in the Aid Bis Decree.
The AGCM – Competition and Market Guarantor Authority, on the basis of the principles expressed by the Council of State, has therefore partially confirmed the precautionary measures issued on 12 December last against It is in the, Eni, Edison, Acea and Engie, suspending unilateral changes only of the economic conditions not expiring, in violation of the Consumer Code and in contrast with the art. 3 of the Aid Decree bis.
This provision of the Aiuti Bis Decree, as deemed by the Council of State, in the current period from 10 August until 30 April 2023, suspends effectiveness both of contractual clause which allow sales companies to change the supply price both related notice communicationsunless the price changes have already been finalized before the entry into force of the decree itself.
The State Councilwith the order by which only partially suspended the precautionary measure issued against Irenlimited the scope of the cited article 3 to only “ius variandi for contracts that have not expired and not to contractual renewals resulting from agreed deadlines from the parties”.
The Authority, within the explicit limits, has instead confirmed the precautionary measures towards Enel, Eni, Edison, Acea and Engie suspending the effectiveness of all communications unilateral changes and/or renewal/update/variation of the economic conditions of the offer of open-ended contracts, without a clear, effective and predetermined or predeterminable deadline. Therefore, in execution of the Authority’s provision, the aforementioned companies will not be able to vary the economic conditions of the supplies to consumers, condominiums and micro-enterprises that do not have an effective deadline.
Within five days, Enel, Eni, Edison, Acea and Engie will have to notify the Authority of the successful execution of the suspension provisions.
In reference to society Hera and A2Athe authority did not recognize the details for the confirmation of the related precautionary measures expected that, on the basis of the documents acquired, it appears that the variations from the same communications they concerned economic offers actually expiring.
(Photo: © Andrii Yalanskyi | 123RF)