Privatization fund TAIPED intends to move ahead as planned with the next round of the sale of gas company DEPA Commercial by setting a spring binding-bids deadline for candidates, despite concerns that an ongoing legal dispute between the company and ELFE (Hellenic Fertilizers and Chemicals) could impact the privatization’s proceedings, sources have informed.
An appeal filed by gas utility DEPA, DEPA Commercial’s parent company, challenging an Athens Court of First Instance verdict that ordered the company to return 61 million euros to ELFE as a result of overcharging was yesterday deferred for September and will now probably be jointly heard along with a separate appeal case involving the two companies over a similar amount of unpaid receivables owed by the fertilizer and chemicals producer to DEPA.
This ongoing legal dispute has caused uncertainty among potential buyers of DEPA Commercial as it is complicating their bid calculations.
TAIPED is currently engaged in talks with the finance and energy ministries for the establishment of an appropriate formula concerning a related term in the privatization’s sale and purchase agreement that would offer candidates security to a great extent.
A court ruling in favor of ELFE, in the DEPA overcharging case, could prompt other DEPA customers, such as electricity producers and industrial producers, to take legal action against the utility over overcharging claims. This could end up costing DEPA many hundreds of millions.