Tuca Zbarcea & Asociatii has successfully represented Silcotub in a dispute resulting in a final ruling from Romania’s High Court of Cassation and Justice requiring an energy supplier to recalculate the electricity price invoiced to Silcotub.
According to the firm, the case involved a dispute before Romania’s Energy Regulatory Authority (ANRE) and subsequently in court, concerning the method of applying the rules for setting the price in contracts concluded between suppliers and non-household consumers who do not benefit from electricity price caps, as regulated by Articles 5-6 of Emergency Ordinance No. 27/2022.
"The dispute essentially concerned the interpretation of the legal provisions in GEO No. 27/2022 that govern how the purchase component of the final invoiced price is formed, specifically whether it is formed by reference to all term contracts and day-ahead/intraday market contracts in the supplier’s portfolio," the firm explained. "After a dispute lasting over two and a half years and involving three levels of jurisdiction, the High Court of Cassation and Justice definitively upheld the arguments of Tuca Zbarcea & Asociații and maintained the ANRE decision that obligates Silcotub’s contractual counterparty to recalculate the entire invoiced electricity price for the entire contractual period after GEO No. 27/2022 came into effect."
"We are above all pleased for our client, considering the very high value of the case," commented Tuca Zbarcea & Asociatii Partner Dan Cristea. "Secondly, we are glad this case sets an important precedent in the field of energy litigation, which sees many other high-stakes contractual disputes concerning compliance with Emergency Ordinance No. 27/2022. Thirdly, we are pleased that the final court ruling we obtained demonstrates our team’s ability to successfully handle complex, high-stakes cases that require in-depth knowledge of energy law and of the interpretations of energy legal regulations."
The Tuca Zbarcea & Asociatii team included Cristea and Senior Associate Serban Sarbu.
