The Antitrust Authority's fines against Enel Energia (€10 million) and Acea Energia (€560,000) were unlawful: the decision came from the Council of State, which upheld the ruling of the Lazio Regional Administrative Court (TAR) that had rejected the measures adopted in November 2023 due to accusations of having implemented aggressive commercial practices aimed at influencing consumers to accept increases in electricity and gas prices, in violation of the protections afforded by the "Aid Decree bis".
According to the Authority, Enel Energia had unilaterally adjusted supply prices for over 4 million consumers based on contractual clauses that would have allowed them to decide whether and when to adjust rates once the chosen offer expired. Acea Energia, however, according to the Antitrust Authority, had increased prices before the correct expiration date and with unilateral changes in violation of the relevant legislation.
The TAR (Regional Administrative Court) upheld the appeals at first instance. The Authority therefore filed an appeal.
In its two detailed rulings, the Council of State concluded that in specific cases, it must be acknowledged that the tariff changes in the approximately 2-3 million letters contested by the Authority against Enel Energia, and the approximately 20,000 contested against Acea Energia , "were implemented," according to one of the rulings, "on the basis of contractual clauses that provide, upon expiration of the original term of the contract, following tacit renewal due to failure to withdraw, that the originally agreed-upon economic conditions (and, therefore, the price) will remain in effect, without prejudice to the supplier's right to modify or update them. It is therefore clear that... the contractual changes in question... as correctly held by the Regional Administrative Court... were legitimately made by the respondent company."
(Unioneonline/E.Fr.)