The Constitutional Court starts examining a case on norms abolishing mandatory procurement rights granted to business operators
Today, 10 September, the Constitutional Court starts examining the case regarding the compliance of Paragraph 41 and Sub-paragraph 60.2 (wording in force until 31 March 2022) of Cabinet Regulation No 560 “Regulations Regarding the Generation of Electricity Using Renewable Energy Resources, and also the Procedures for Price Determination and Monitoring” of 2 September 2020 with the first three sentences of Section 105 of the Constitution.
The contested norms establish the procedure for cancellation of the mandatory procurement right granted to an economic operator in the event of failure to submit an annual report.
It appears from the application and the attached documents that in 2009, the applicant was granted the right to sell the electricity produced under the mandatory procurement. The applicant had not submitted a report on the operation of the power plant in 2020 by 1 March 2021. Therefore, by decisions of 20 April 2021, the State Office for Construction Control, based on the contested norms, revoked the mentioned rights and ordered the applicant to repay all state aid for the sale of electricity produced under the mandatory procurement for the period from 1 January 2020.
According to the applicant, the right to property contained in the first three sentences of Section 105 of the Constitution was violated by the fact that, without notice or an individual assessment of the infringement, it had its mandatory procurement right revoked and was ordered to repay the state aid received by the public trader.
The Constitutional Court examines the case in written proceedings. The decision must be adopted within 30 days, at the latest, after the Constitutional Court’s session.
Related Case: 2023-35-03