The outcome of tomorrow’s appeal filed by gas utility DEPA against ELFE (Hellenic Fertilizers and Chemicals) following an Athens Court of First Instance verdict ordering a 61 million-euro return from the gas utility for gas supply overcharging will be crucial for the privatization of DEPA Commercial, a new DEPA entity formed for the sale.
According to legal experts, tomorrow’s hearing could be deferred until September so that it may be concurrently heard with an ensuing appeal filed, in response, by ELFE against DEPA to challenge a separate Court of First Instance decision in October, 2019 that ordered ELFE to pay the gas company about 60 million euros in unpaid receivables. DEPA had sought 86.7 million euros. This ELFE appeal was given a September, 2021 date.
Combining appeal cases is commonly practiced by courts, the legal sources pointed out.
Postponement of tomorrow’s appeal case until September may prompt the privatization fund TAIPED to extend a March deadline it had set for binding bids concerning the DEPA Commercial privatization. Potential buyers would want to know the outcome of the DELA-ELFE legal dispute before placing any offers.
A court ruling in favor of ELFE could prompt other DEPA customers, such as electricity producers and industrial producers, to take legal action against the utility over overcharging claims.
The Court of First Instance ruled DEPA overcharged ELFE between 2010 and 2015 by applying an oil-indexed gas pricing formula used by Russia’s Gazprom. ELFE sought 302 million euros, well over the a 61 million-euro return determined by the court.