A case has been initiated before the Constitutional Court on the norm which established the compensation to be paid by the electricity user in the event of a breach of electricity accounting
A case has been initiated before the Constitutional Court on the application of the Riga City Court on the conformity of Paragraph 113 of Cabinet Regulation No. 50 of 21 January 2014, Regulations on Electricity Trade and Use, with Article 64 and Article 105 of the Constitution of the Republic of Latvia and Section 32, Paragraph five of the Electricity Market Law”.
The contested norm stipulated that the system operator, having established that the user has committed breaches in the accounting of electricity consumption, is entitled to recalculate the unaccounted electricity and issue an invoice to the user indicating the recalculation of the unaccounted electricity.
The Applicant considers that by the contested norm the Cabinet has violated the legislative powers of the Saeima established in Article 64 of the Constitution and the right to property guaranteed in Article 105 of the Constitution. At the same time, according to the Applicant, the contested norm does not comply with the authorisation of the Cabinet established in the Electricity Market Law regarding the procedure of electricity supply and procedures for the settlement thereof.
The Constitutional Court invited the institution that has issued the contested law – the Saeima – to submit to the Constitutional Court a reply with the explanation of the actual circumstances of the case and the legal basis by 29 April 2024.
The deadline for the preparation of the case is 27 July 2024. The Court will decide on the procedure and date for hearing the case once the case is prepared.
Linked case: 2024-03-03