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The prices of heating and electricity are illegal, it is clear from a decision of the Supreme Administrative Court (SAC), which confirmed a protest by the Supreme Administrative Prosecutor’s Office (SAP).
On April 27, 2017, VAP protested to the Sofia Administrative Court – city decision № C-6 / 7.04.2017 of the Energy and Water Regulation Commission (EWRC), which modifies, as of 04.07.2017 , the limit for thermal energy prices and preferential prices for electricity from Toplofikacia Sofia EAD, EVN Bulgaria Toplofikacia EAD for the city of Plovdiv, Toplofikacia Pleven EAD, Toplofikacia Burgas EAD, Veolia Energy Varna EAD, Toplofikacia Vratsa EAD, Toplofikatsiya VT AD, Veliko Tarnovo, Toplofikatsiya-Razgrad EAD, YULIKO EUROTRADE EOOD, Plovdiv, Overgas Networks AD – LOTS Ovcha Kupel, COGRAIN OOD, Parvomay, Greenhouses Gimel AD, TPP Orangery 500 decars, Greenhouses Gimel AD, TPP Orangery II EO 200 decares, Greenhouses Gimel II TPP Orangery Levski, INERTSTROY-KALETO AD, Power OOD, Rumyana Velichkova, Alt Co AD, Biovet AD, Dekotex AD, Zebra AD, Unibel AD, Dimitar Madjarov-2 EOOD, Overdrive AD, MHAT – Targovishte ”AD, MHAT“ Pro F Dr. Stoyan Kirkovich AD, Stara Zagora, LUKOIL NEFTOCHIM BURGAS AD, Toplofikacia Petrich EAD, Cogen Zagore EOOD.
With the aforementioned EWRC decision, prices for thermal energy are increased by more than 25 percent.
The arguments of the VAP for the challenge are, first, that the EWRC does not have jurisdiction to issue the contested decision, because specifically when initiating the administrative procedures to change the marginal prices of heat and preferential prices of electricity, the wording of the Ordinance in force at that time № 1 of 03.18.2013 The regulation of electricity prices does not contain a rule that allows the commission to initiate actions on the issue of the formation of said prices.
Furthermore, it has been established that, as of the start date of the administrative procedure at the EWRC’s own initiative, no new natural gas prices have been approved, that is, this is stated as an argument by the Commission for an increase in prices. in question.
However, administrative procedures have been initiated and new higher prices have been set, which is unfounded.
With Decision № 6511 / 08.11.2018 under Adm. Case № 4607/2017 of the Administrative Court – City of Sofia (ACCG) the initial protest of VAP was rejected.
After a cassation protest was filed against the decision of the ACCG with Decision № 15147 / 08.12.2020 under Adm. Case № 172/2019 of the Supreme Administrative Court, the arguments of the Supreme Administrative Court were confirmed and the Judgment was revoked № C-6 / 07.04.2017 of the EWRC.
The decision of the SAC is final.
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