Athens court orders gas distribution operators to return €8m to industries

The Athens Administrative Court of Appeals has given industrial enterprises the green light to recover just over 8 million euros in compensation fees for 2015 and 2016, validated by RAAEY, the Regulatory Authority for Energy, from the country’s three gas distribution network operators, EDA Attiki, EDA THESS and DEDA, after they had appealed the authority’s decision.

RAAEY has approved specific amounts compensating industrial enterprises for universal charges imposed on them by the three gas distribution network operators between August 14, 2015 to December 1, 2016.

However, the gas distribution network operators have failed to make the specified compensation payments, resorting, instead, to legal action disputing RAAEY’s decision.

Three of metal group Viohalco’s companies, Elvalhalkor, Sidenor and Sovel, are entitled to compensation amounts.

According to the RAAEY decision, gas distributor EDA Attiki, covering the wider Athens area, must return a total of 1.44 million euros to industrial consumers, EDA THESS, covering Thessaloniki and Thessaly, owes 3.26 million euros to industrial players, and DEDA, responsible for gas distribution to all other parts of Greece, must return 4.13 million euros to industrial customers.

The 8.83 million-euro sum is expected to be paid by the three gas distribution network operators over 36, interest-free installments, from November, 2021 to October, 2024.

Should the operators appeal the Athens appeals court verdict, the case will need to be taken to the Council of State, Greece’s Supreme Administrative Court.

PPC’s additional public service amount case still in contention

A main power utility PPC case filed to the Council of State, Greece’s Supreme Administrative Court, with the aim of doubling a 360 million-euro Public Service Compensation (YKO) retroactive return decided on by RAE, the Regulatory Authority for Energy, for older YKO amounts from 2011 onwards, is still in contention and has now been passed on to a Court of Appeal for examination.

The Council of State considers that a legal error was committed by RAE, possibly prompting a miscalculated YKO amount.

The Court of Appeal will now need to judge whether the RAE decision was legal, and, in addition, whether a related formula for YKO amounts and returns was correctly applied.

PPC is seeking an additional amount of around 375 million euros to the initial 360 million-euro YKO amount decided by RAE, which would take the retroactive tally to 735 million euros.