Court's decision to suspend ZERE decision regarding business exits on liberalised electricity market

While the party indicted in response to the indictment has stressed that the ZRR is an independent agency, founded through the Law for Energy Regulatory with Duties and Responsibilities for overhauling and monitoring of the energy sector in the Republic of Kosovo, further said the Z mission was said to be the mission. The RRE is the creation of a stable energy market in Kosovo, based on principles of transparency and free competition, which increases values for both consumers and companies operating in the energy sector.

In terms of the Commercial decision, Z. RRE has said that public announcement as such is not an administrative act in the sense of Article 48 of the Law for General Administrative Procedure, but it is an informational communication with general character, aimed at informing the sides of the interest for the next phase of market liberalisation, reports Kaloxo.com.

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The court has estimated that the indictment for cancelling the verdict and reporting is long-term, since through the e-mail of the 2605.2025 submitted by KESCO with a title for electricity supply, along with the draft contract, the plaintiff has been announced to change his status from the service regulated on the free market, while the plaintiff on the 1806.2025 near this court has filed a proposal to appoint the safety measure and flow that is within the 30 November deadline.

Under the verdict, the Commercial Court estimates that the applicant announcement constitutes an administrative act, since under this announcement the conditions for implementing Article 37 of the Electric Energy Law have been set to be implemented by June 1, 2025, as well as authorised. K ESCO identify family and non-family consumers who enjoy the right to universal service, while those who fail to meet the universal service's right to go out on the free market and present to KESCO evidence if they meet the universal service supply criterion.

“As the announcement flows, completes the legal criterion of the administrative Act, and has been taken as action to meet the public interest service of the general”) is said in the Commercial decision.

The cosmetic has also estimated that the indictee (ZRRE) in the case of extracting an announcement and the controversial decision has failed to build the structure and mandatory elements of the written administrative act.

According to the Comercial Court assessment, since the announcement constitutes an administrative act, the indictment's announcement is initially contrary to legal provisions regulating the contents of the administrative act.

“According to the court's assessment, since the announcement constitutes an administrative act, the indictee's initial announcement is contrary to the legal provisions that regulate the contents of the administrative act, since the announcement constitutes obligation to the parties and that the same is of general effects on a group of consumers who pass from the universal service to the free electricity market, as the announcement does not contain the access, the device of neither rationale on the obligation, deadline, and the fulfilment of the conditions and criteria for exit to the free market, and as such as producing legal effects with a specific date without met the legal preconditions that flow from the 48PPA and the 48-206P) in the decision is said.

“An administrative act should keep the device and the reasoning in place, and in the concrete case, the application will not meet any legal condition defined in the above mentioned provisions, but as the course of this administrative act has been created the total obligation of a group of consumers appearing on the free market, without clearly and concretely specifying the exit procedure, conditions and criteria for free market exit, deadlines, and reasoning of these actions” is stated further.

In addition to Komercia's decision, the legal provisions are said to be flowing as well as the fact that consumers with annual circulation of no more than 10m euros or no more than 50 employees enjoy the right to supply as a universal service, while there are no specific conditions that non-family consumers must meet for free market access.

Beyond these, the Commercial Court also praised the claim that the indictee from the introduction of primary energy sector laws, has taken action as mandated by these laws and has issued pre-legal acts rule, decision, Procedure and Guide for liberalising the electricity market in Kosovo, but that the controversial announcement in any part contains none of these notes regarding consumer reporting about the action undertaken by the announced notice, which is the legal obligation for the administrative act to contain the legal basis, or guideline, the command, concerning the decision, on all of the criteria for free market, since the criteria are determined on the universal market, and the criteria for free market.

“

While the decision of the date 05.04.24 for which he partially approved the indictment by cancelling the IV point of decision, according to the court's assessment, the verdict on the IV point is contrary to the legal provisions that regulate the content of the administrative act subsequently Article 47 and 48 of the LPPA, for the fact that there was no reasoning for this decision as to other points of the decision device.

The Commercial Court has estimated that Z THREE with this decision has clearly adjusted and justified the obligation to KESCO for supply under the universal service, while in terms of competitive market as at the IV point of decision, it has not defined criteria and procedures, nor has it presented the excuse for free market (competitive) to consumers who fail to meet conditions for staying in the universal service.

In this regard, the Court has estimated that the indictee should take all legal actions and determine the clear procedures and criteria that, as such, are obliged to implement Universal Service suppliers and other suppliers licensed for electricity supplies.

The “Court in the concrete case did not assess the indictee's claims whether the plaintiff meets or does not meet the criteria for free market exit but praised the legality of the overall administrative acts and that announcement of the date 12,03.2025 and the amended verdicts stating that the 1203.2025 overall and the IV ruling of the date 22,04.2024 verdict are against law, and their effect is broad, respectively, to all consumers that the ECSCO has reportedly reportedly failed to meet conditions for a universal service of (4)1> in the court decision said.

The court over the plaintiff's claims submitted to the proposal for suspending the execution of the decision and the announcement, assessed that in concrete cases legal conditions have been met to approve the same after the plaintiff has argued that the execution of the verdict and the announcement would bring damage which would be difficult to be repaired, and has argued that the suspension is not contrary to public interest, nor that the suspension would bring any damage to the opposing side.

I appreciate that setting the measure preserves the status quo, and prevents a real damage, while its refusal allows a real damage to happen, so suspending execution is the only proportional measure that allows for respect of legal norms and protection of rights” states the Court's decision.

“Aday, to avoid the danger of these consequences in the case of executing the decision and reporting high and given the fact that the suspension of his execution is not contrary to public interest and the opposing side does not cause any harm, the court decided to approve the plaintiff's request for the suspension of the verdict and announcement until the verdict is issued, according to the indictment exercised by the plaintiff” ) is now stated in the Comerial decision.

Komercija has also estimated that in this case, suspending the execution of the decision and reporting until the final assessment of legitimacy would not cause any damage to the opposing side, respectively. THREE and the Kosovo Republic budget.

The court also estimated that, in this case, the suspension of the execution of the decision and reporting until the final assessment of legitimacy would not cause any harm to the opposing side, Z. RRE and the Kosovo Republic Budget because of the above-mentioned circumstances, as well as the very fact that once Z. The RRE had temporarily interrupted the release to the free market due to the pandemic and the energy crisis, the situation outlined in announcing the 12/03.2025, to you by Z's own announcement. RRE that some electricity suppliers have been licensed, while according to plain plaintiffs K The ESKO was the only operator to have submitted supply offers to consumers at the free market” is said to be ruling by the Commercial Court.

We remember that against this act the parties have a 15-day complaint right, from the day of the court's admission to the Second Stair Room at the Kosovo Commercial Court, through the First Century Chambers of this Court.

This decision was made by Judge Gent Becker.

Regarding the suspension of the Supreme Decision has been declared the chairman of the ZRRE board, Ymer Fejzullahu, who said that in terms of this decision, they will file a complaint.

“The decision is not abolishing. So it's not executable immediately. It's a judgment that we're right about 15 days more”- Fyzulah said.

On the other hand, from the Economic Oda consider this important decision, which they say confirms ongoing concerns raised by the business community and by Oda itself regarding the unilateral and non-transparent way of implementing this process.

“In the absence of a valid announcement and in the absence of a legal basis for implementation, the Kosovo Economic Oda requires the ZRE to cancel the decision of 05.04.2024, which cannot produce further judicial effects”- is said to be in their response.

By the date 01.06.2025, according to the ZERE decision, large businesses that have more than 50 employees or more than 10,000 euros in circulation are forced to secure electricity on the free market.

This means that these businesses need to find electricity suppliers and sign contracts with them, because they will no longer be supplied by KESCO, as provided to houses and small and medium-sized businesses.

After the Energy Regulatory Office decision to put these businesses on the free market, businesses have asked for more time to prepare.

The transition period was set to be 60 days, which runs through 01.08.2025.

While, KEDS has announced on 30.07.2025, that out of 31.07.2025, it will begin shutting off the electricity network of businesses that do not have contracts signed with a licensed power supply.

This is done according to the Energy Regulatory Office decision on open-market transition for businesses that have over 50 employees or circulation of over 10m euros.

“According to Article 39 of the Law on Electric Energy and the Rule for the Last possible Supplier, the FMF service is limited to a maximum period of 60 days. After the end of this period, in the absence of a regular supply contract, and in accordance with Article 8 of the Supporter Change Rule, the continuation of the electricity supply is not legally allowed, and to maintain the integrity of the energy system, it is necessary to become the” extension stated in the announcement.

You can find the full account of the Commercial Court. LINK. /Periscope/