ROME – The energy companies score a point in favor in the clash with theAntitrust on the renewal of bills. The State Council rejected, in large part, the provision with which the Competition Authority suspended the renewals of contracts for energy supplies by referring to a decree of the Draghi government.
According to the Council of State, to which he had appealed the Irene group (utility in northern Italy), the Antitrust provision can be considered “legally founded when it comes to unilateral changes”, while not when we are dealing with “the case of updating prices due to the renewal of an expired contract”.
In other words, the utility they cannot change the contractual conditions unilaterally, but they are not wrong when the contract expires. This is the case for those who have subscribed, for example, to a “discounted” offer at the end of 2020, for a duration of two years, and which has expired in recent months. According to the Council of State, the utility could not change the contractual conditions during the two years (perhaps to avoid supplying energy at a loss), but had to wait for the end of the offer period.
Basically, the administrative judges have reproached the Antitrust for having broadly interpreted the provision contained in the decree of the Draghi government (Aid bis) with which the effectiveness of both the contractual clauses that allow sales companies to change the supply price and notice communications was suspended until 30 April 2023, unless the changes have already been completed before the entry into force of the decree itself.
Now the decision on the merits will be up to the Tar of Lazioscheduled for the month of February, but the indications contained in the sentence of the Council of State will certainly have their weight.
But what will be the practical consequences for i consumers? At the moment, nothing should change, because the utilities will most likely await the Tar ruling. But they could also decide, in the case of offers that expire, to send a new rate proposal. The consumer can always decide to change supplier.
Moreover, the Antitrust intervened in two stages. First against Ferro, Iberdrola, E.ON and Dolomitesuppliers of electricity and natural gas on the free market. Then he launched seven investigations (with seven precautionary measures) against Enel, Eni, A2a, Edison, Acea, Engiealways for alleged illegitimate unilateral changes in the price of electricity and gas supply. All providers who are now watching with great interest is taking place in the administrative courts.
