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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), the state Prosecutor’s Office reported.
On April 27, 2017 VAP protested to the Sofia Administrative Court – municipal decision of the Energy and Water Regulation Commission (EWRC), which modifies, as of 04/07/2017, the marginal heating prices and preferential prices for electricity energy 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, Toplofikacia VT AD, Veliko Tarnovo, Toplofikatsiya EAD-RADEgradO , Plovdiv, Overgas Networks AD – LOC Ovcha Kupel, COGRAIN OOD, Parvomay, Orangeries Gimel AD, TPP Orangery 500 decars ”,“ Gimel Greenhouses ”AD, TPP“ Greenhouse 200 decars ”,“ Greenhouse Gimel II ”EOOD, TPP“ Greenhouse Levski ”,“ INERTSTROY-KALETO ”AD,“ Z-Power ”OOD, CZP“ Rumyana Velichkova ”, Alt Co AD, Biovet AD, Dekotex AD, Zebra AD, Unibel AD, Dimitar Madjarov – 2 EOOD, Overdrive AD, MBAL – Targovishte AD, UMHAT “Prof. Dr. Stoyan Kirkovich AD, Stara Zagora, LUKOIL NEFTOCHIM BURGAS AD, Toplofikacia Petrich EAD, Cogen Zagore EOOD.
With the aforementioned decision of the EWRC, the prices of thermal energy are increased by more than 25%.
The VAP’s arguments for the challenge are that the EWRC does not have the jurisdiction to issue the contested decision, as specifically at the beginning of the administrative proceedings to change the marginal prices for heating and preferential prices for electricity. The wording of the then current ordinance for 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 a decision of November 8, 2018 of the Administrative Court – city of Sofia, VAP’s initial protest was rejected. After a cassation appeal was filed with a decision of December 8 of this year, the SAC confirmed the arguments of the Supreme Administrative Prosecutor’s Office and the EWRC’s decision was reversed.
The decision of the SAC is final.
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