6 hours agoLegal confusion for ZERE decision, courts with different decisions
Periskopi(a year ago)
(a year ago)Until the Commercial Court approved the request for a security measure, despite the suspension of the ZERE's decision to open the electricity market for large businesses, the regulator does not see the individual cases as precedentd. Meanwhile, the demand for security measures by business representatives as a whole was rejected by the Constitutional Court. However, along with collectiveity, [...]
Opposing decisions regarding security requirements for security measures on the Energy Regulatory Office's decision to open the electricity market for major businesses have issued various courts in the country, followed. Periscope.
The Foundation Court's Department for Administrative Affairs rejected two demands of the Economic House and the Association of Producers on behalf of businesses, as well as of the PDK for security measures.
While the Commercial Court has approved the security measure against the ZERE decision in some individual cases of business lawsuits affected by the process, suspending it until the final act.
The regulator, who refuses to suspend the decision as a whole, not considering individual commitments as a general precedent, did not shift from position.
“Any decision to measure security has only the effect on relevant parties in the procedure. Seting up the measure of security requires specific and individual confirmation of the call for suspension and is considered on the basis of the individual circumstances of each case by the” Court.
In the Association of Producers, whose demand for suspension of the decision on behalf of businesses as a whole was rejected, insist that the regulator should be hired for suspension, as individual indictments are continuing.
The Constitutional Court, Department for Administrative Affairs, received yesterday's announcement that it rejected the suspension measure, but did not refuse the indictment. We will continue with the Court of Appeals and therefore our goal has been to a decision on the process as a whole, while we are continuing with all businesses and individual indictments. Individual indictments are being suspended by the Commercial Court”, chaired by the Association of Producers' Leader of Ajvazi.
He explained that because of legal reasons the indictment along with OEK was addressed at the Foundation after it was made in the name of businesses, while individual ones have the Commercial Address.
While convinced that the institutions of justice would provide justice in all indictments.
Let's be clear, even though we've gone as a group, we individually all businesses are handing in individual subjects, we're waiting and every day we're getting answers to individual cases that are being suspended. This case does not mean that it is hurting businesses in individual indictments. Individual indictments are continuing, will continue until the last indictment, where we will win the case”, Ajvazi stressed.
From June 1st, about 1300 businesses with more than 50 employees or more than 10m euros in annual circulation have been released on the open electricity market despite protests and repeated demand for a year's postponement of the process, aimed at preparing the market and businesses. / RTV Dukagini
